Delhi High Court
Satya Veer Singh vs Sahid & Ors (Orinetal Insurance ... on 24 July, 2023
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24thJuly, 2023
+ MAC.APP. 55/2023 & CM APPL. 4582/2023
SATYA VEER SINGH ..... Appellant
Through: Mr. Yogesh Swaroop, Adv.
versus
SAHID & ORS (ORINETAL INSURANCE CO. LTD.)
..... Respondents
Through: Mr. Ravi Sabharwal, Adv. for
R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (ORAL)
CM APPL. 4582/2023
1. By way of present application, condonation of delay in filing
the present appeal is sought.
2. This appeal has been filed challenging the Award dated
15.03.2021 (hereinafter referred to as the 'Impugned Award') passed
by the learned Motor Accidents Claims Tribunal-02, Central, Tis
Hazari Courts, Delhi (hereinafter referred to as the learned 'Tribunal')
in MACT No. 56598/2016 titled Sh. Satya Veer Singh v. Sahid And
Ors., dismissing the claim petition filed by the appellant. The present
appeal has been filed with a delay of 550 days.
3. The learned counsel for the appellant submits that the appellant
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suffered 90% permanent disability related to brain due to the accident
in question. He submits that the appellant belongs to a poor strata of
the society, therefore, there was nobody on his behalf to pursue the
appeal before this Court.
4. For the reasons stated in the application being 4582/2023, it is
allowed and the delay in filing the present appeal is condoned.
5. The application stands disposed of.
MAC.APP. 55/2023
6. Learned counsel for the appellant, on merits, submits that the
learned Tribunal, in Impugned Award has held that the claim petition
was not maintainable inasmuch as the appellant has earlier filed the
claim petition before the learned Motor Accidents Claims Tribunal,
Shahdara District, Karkardooma Court, Delhi, which was dismissed in
default on 26.04.2014. Instead of filing an application seeking recall
of the said order, the claimant chose to file the claim petition, in which
the Impugned Award has been passed.
7. Learned counsel for the appellant submits that the appellant,
due to his injury, was completely dependent on the advice received
from his counsel. It was only on such advice received that the
appellant filed the claim petition, which now stands dismissed by the
Impugned Award.
8. Placing reliance on the judgment of the High Court of Himachal
Pradesh in Jagdish vs. Rahul Bus Services & Ors., 2015 SCC OnLine
HP 1137, he submits that the appellant should be given an opportunity
to move an appropriate application before the learned MACT,
Shahdara
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dismissing the claim petition in default and to revive the same.
9. He submits that while finding that the claim petition was not
maintainable, the learned Tribunal in its Impugned Award has also
dismissed the claim petition filed by the appellant on merits. He
submits that once the Court found that the claim petition was not
maintainable before it, any observation made by the learned Tribunal
should not bind the claimant or prejudice the claimant on revival of
the earlier claim petition, if at all.
10. I find merit in the submissions made. Though no fault can be
found with the learned Tribunal in dismissing the claim petition on the
ground of it being not maintainable in view of the dismissal of the
earlier petition in default; and the only remedy with the appellant
being of seeking recall of the order dismissing the earlier Claim
Petition in default, at the same time, any observation made by the
learned Tribunal in the Impugned Award cannot bind or influence the
learned MACT in case the earlier petition is revived on an application
filed by the appellant.
11. As has been repeatedly held, the Motor Vehicles Act, 1988 is a
beneficial legislation and aims at reaching the victims of a traffic
accident. The approach of the Court, therefore, has to be in
consonance with the said object and not to insist on technicalities of
the civil procedure.
12. Keeping in view the above, while I find no merit in the present
appeal insofar as the impugned Award holds the Claim Petition filed
by the appellant to be not maintainable, the appellant is granted liberty
to move an appropriate application in the earlier claim petition that
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was dismissed by the learned MACT, Shahdara District, Karkardooma
Court, Delhi. In case such an application is filed within a period of
eight weeks from today, the appellant shall be entitled to claim the
benefit of Section 14 of the Limitation Act, 1963 for excluding the
period spent in pursuing the second claim petition and this appeal.
13. Any observations/findings of the learned Tribunal in the
Impugned Award shall not bind or influence the learned Motor
Accidents Claims Tribunal in adjudicating the application, if filed, and
the Claim Petition of the appellant, that stands dismissed in default as
on this day, if the order dismissing the same in default is recalled by
the learned Tribunal.
14. However, at the same time, keeping in view that the second
claim petition was ex facie was not maintainable before the learned
Tribunal, but stood pending adjudication from October, 2014 to
March, 2021; the present appeal was filed with a delay of 550 days,
and has been disposed of by the present order only to give another
opportunity to the appellant to make out his claim, for the period
between 20.10.2014 till the application seeking restoration of the
earlier claim petition is filed by the appellant, and in case the
respondents are fastened with liability to pay any amount to the
Claimant, the respondents cannot be made liable to pay interest for
this intervening period. It is, therefore, directed that in case the first
Claim Petition filed by the appellant is restored and is thereafter
decided in favour of the appellant directing compensation to be paid to
the appellant, the appellant shall not be entitled to any interest on the
sum so awarded between the period 20.10.2014 till the filing of the
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application seeking restoration of the first Claim Petition.
15. The appeal, along with the pending application, is disposed of
in the above terms.
NAVIN CHAWLA, J
JULY 24, 2023/Arya/ss
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