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1983 (7) TMI 339 - HC - Indian Laws

Issues Involved:
1. Sufficient cause for condonation of delay in filing the claim application.
2. Calculation and entitlement of compensation for injuries and damages.

Issue-wise Detailed Analysis:

1. Sufficient Cause for Condonation of Delay in Filing the Claim Application:

The primary issue in this case was whether there was "sufficient cause" for condoning the delay in filing the claim application. The accident occurred on January 23, 1974, and the claim was filed on January 3, 1975, making it barred by limitation under Section 110A(3) of the Motor Vehicles Act, 1939. The legal standard for "sufficient cause" requires that the cause be beyond the control of the party and that the party must have acted with due care and attention. The court emphasized that "sufficient cause" should receive a liberal construction to advance substantial justice.

The claimant provided two reasons for the delay: prolonged illness and ongoing compromise talks. Medical reports confirmed that both the claimant and his brother had received injuries and were hospitalized. The claimant was admitted to the hospital and later treated at home, which was corroborated by witness testimonies. The court noted that the claimant's inability to undertake the journey from his village to Satna due to his injuries constituted a sufficient cause for the delay up to November 19, 1974.

The claimant also cited ongoing compromise talks with the vehicle owner's representative as a reason for the delay beyond November 1974. These talks failed in December 1974 when the police started prosecution. The court found that the claimant's waiting period for the compromise talks was natural and reasonable, thus explaining the delay until the end of December 1974. Consequently, the court concluded that the claimant had sufficiently explained the entire delay and that the application should have been allowed.

2. Calculation and Entitlement of Compensation for Injuries and Damages:

The Claims Tribunal had calculated the compensation amounting to Rs. 2,700, broken down as follows: Rs. 700 for waste of grains, Rs. 1,000 for the death of the bullock, Rs. 500 for damage to the bullock cart, and Rs. 500 for personal injuries. Although the Tribunal found the injuries were caused by the accident due to rash and negligent driving, it dismissed the claim due to the delay.

Upon reviewing the case, the court found that the Claims Tribunal's calculation of Rs. 2,700 was appropriate and the claimant's counsel did not dispute this amount. The court held that the appellant-claimant was entitled to receive Rs. 2,700 for the injuries and losses caused by the accident. The respondents were held jointly and severally liable to pay this amount, along with interest at 6% per annum from the date of the order until realization.

Conclusion:

The appeal was allowed, and the court ordered the respondents to pay the claimant Rs. 2,700 with interest at 6% per annum from the date of the order until realization. The court did not award any costs for the appeal.

 

 

 

 

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