United India Insurance Company Limited vs Mrs. Aiyammal and Others

P. Sathasivam, J.—Aggrieved against the order of the Motor Accidents Claims Tribunal Principal District Court, Tirunelveli in I.A. No. 876

of 1990 in M.C.O.P. S.R. No. 12617 of 1990 dated 6.12.1991 condoning the delay of 4113 days in filing the claim petition, the United India

Insurance Company Limited, Nagercoil has filed this revision before this Court under Article 227 of the Constitution of India.

No doubt the delay is enormous namely 4113 days in filing the claim petition. Irrespective of the reason or reasons adduced by the claimants the

conclusion arrived at by the Tribunal in condoning the delay in view of the recent decision of the Apex Court in Dhannalal Vs. D.P. Vijayvargiya

and Others, Supreme Today 281, has to be condoned and revision has to be dismissed. As stated in the Supreme Court judgment, if any

proceeding is pending either before Tribunal or in the High Court or Supreme Court, giving extended meaning to Sub-clause (3) of Section 166 of

Motor Vehicles Act, 1988, the delay has to be condoned. In view of the law laid down by the Supreme Court I do not find any merit in the

revision and accordingly the same is dismissed.

In the event of award being passed, normally, the claimants are entitled interest for the award amount from the date of petition. In this case even

according to the claimants the delay is 4113 days. In other words the accident took place on 28.7.1978 and whereas the petition was filed before

the Tribunal only on 29.8.1990. Hence, if at all any interest is payable the same has to be fixed from the date of petition namely, 29.8.1990. The

above aspect may be considered while disposing of the claim petition.

In view of the fact that the accident took place in the year 1978 and claim petition has been filed in 1990, in the interest of justice, the tribunal is

directed to dispose of the claim petition within a period of six months from to-day.