Manjit Singh vs Dr. Suresh Dadra and Another

Amarjeet Chaudhary, J.—Manjit Singh had filed a claim petition u/s 110-A of the Motor Vehicles Act, claiming compensation for the injuries suffered by him in a road accident. The claimant had also filed an application for condonation of delay in filing the claim petition. The Motor Accident Claims Tribunal, Jalandhar vide its order dated 23.8.1987 dismissed the application for condonation of delay as well as claim petition.

Aggrieved against it, the claimant has filed the present appeal.

The accident had occurred on 23.1.1986 and the limitation for filing the claim petition expired on 23.7.1986. There was delay of 37 days fin filing the claim petition.

This Court is of the view that the Tribunal should have condoned the delay of 37 days as the same was duly explained by the petitioner. The approach of the Tribunal on the question of limitation should be liberal. The motor Accident Claims Tribunal is a social legislature, the object of which is to compensate the dependents of the deceased and also to compensate the person who suffers injuries in the road accident.

For the reasons stated above, the order of the Motor Accident Claims Tribunal, Jalandhar is set aside. The case is remitted to the Motor Accident Claims Tribunal, Jalandhar, which shall after condoning the delay in filing the claim petition, decide the same on merits.

The appellant is directed to appear before the Motor Accident Claims Tribunal, Jalandhar on 8.3.1995 to receive further directions.