Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2020 (8) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 841 - SC - Indian LawsCondonation of delay of 45 days in filing application - interpretation of Section 173 of Motor Vehicles Act, 1988 - HELD THAT:- Chapter XII of the Act is a beneficial legislation intended at protecting the rights of victims affected in road accidents. Moreover, the Act is a selfcontained code in itself which provides procedures for filing claims, for passing of award and for preferring an appeal. Even, the limitations for preferring the remedies are contained in the code itself. The interpretation of a beneficial legislation must be remedial and must be in furtherance with the purpose which the statute seeks to serve. The aforesaid view has been reiterated by this court on multiple occasions wherein this court has highlighted the importance acknowledging legislative intention while interpreting the provisions of the statute. Section 173 provides that, any person aggrieved by the award passed by the Tribunal may approach the High Court within ninety days. However, the second proviso states that the High Court “may” still entertain such appeal even after the expiry of ninety days, if the appellant satisfies the Court that there exists sufficient reason behind the delay - Ordinarily, the word “may” is not a word of compulsion. [Justice G.P. Singh in Principles of Statutory Interpretation, 14th Edn.,page 519] It is an enabling word and it only confers capacity, power or authority and implies discretion. Undoubtedly, the statute has granted the Courts with discretionary powers to condone the delay, however at the same time it also places an obligation upon the party to justify that he was prevented from abiding by the same due to the existence of “sufficient cause”. Although there exists no strait jacket formula for the Courts to condone delay, but the Courts must not only take into consideration the entire facts and circumstances of case but also the conduct of the parties. The concept of reasonableness dictates that, the Courts even while taking a liberal approach must weigh in the rights and obligations of both the parties. When a right has accrued in favour of one party due to gross negligence and lackadaisical attitude of the other, this Court shall refrain from exercising the aforesaid discretionary relief. The delay of 45 days has been properly explained by the appellants, which was on account of illness of the wife of Appellant No.1. It was not appropriate on the part of the High Court to dismiss the appeal merely on the ground of delay of short duration, particularly in matters involving death in motor accident claims. Moreover, in the present case no mala fide can be imputable against the appellants for filing the appeal after the expiry of ninety days. Matter remanded for fresh consideration on merits - petition allowed by way of remand.
|