TMI Blog2020 (8) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oresaid delay condonation application, consequent upon which the appeal also got dismissed. Aggrieved by the aforesaid order, the appellants herein have approached this Court through special leave petition. 6. The counsel on behalf of the appellants submitted that High Court has acted in an unjustified manner in dismissing the application for condonation of delay. On the contrary, the counsel on behalf of the Respondent supported the judgment passed by the High Court. 7. Having heard the counsel for both parties, the short question which arises for consideration in this appeal is whether the High Court erred in dismissing the delay condonation application for 45 days? This question turns on interpretation of Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as the Act ). 8. At the outset, we must note 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r claiming compensation for the loss sustained by them in the accident. (emphasis supplied) 11. While keeping in view, the general nature of the legislation, it is pertinent for us to have a look at Section 173 of the Act which reads as under: 173. Appeals. - (1) Subject to the provisions of subsection (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twentyfive thousand rupees or fifty per cent of the amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal, if the amount in dispute in the appeal is less than ten thousand rupees. (emphasis supplied) 12. Section 173 provides that, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y power is conferred upon the Courts, to enforce the rights of the victims and their dependents. The legislature intended that Courts must have such power so as to ensure that substantive justice is not trumped by technicalities. 17. Secondly, it has been held that if the specific conditions wherein the power could be exercised is also provided in the statute, then the Court must exercise the aforesaid discretion in the manner as specified by the statute itself. In the second proviso to Section 173 it is stated that Court has the power to condone delay only if it is satisfied that there existed sufficient cause . 18. At this juncture, we need to interpret the term sufficient cause as a condition precedent for the granting of the discretionary relief of allowing the appeal beyond the statutory limit of ninety days. Although this Court has held that provisions of the Limitation Act, 1963 does not apply while deciding claims under the Motor Vehicles Act, but it is relevant to note that even while interpreting sufficient cause under the Limitation Act Courts have taken a liberal interpretation. This Court in the case of Perumon Bhagvathy Devaswom, Perinadu Village v. Bharga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... few days, as against the cases where the delay is inordinate as it might accrue to the prejudice of the rights of the other party. In such cases, where there exists inordinate delay and the same is attributable to the party s inaction and negligence, the Courts have to take a strict approach so as to protect the substantial rights of the parties. 21. The aforesaid view was taken by this Court in the case of Maniben Devraj Shah v. Municipal Corporation of Brihan Mumbai, (2012) 5 SCC 157 wherein the Court held that: 23. What needs to be emphasised is that even though a liberal and justiceoriented approach is required to be adopted in the exercise of power under Section 5 of the Limitation Act and other similar statutes, the courts can neither become oblivious of the fact that the successful litigant has acquired certain rights on the basis of the judgment under challenge and a lot of time is consumed at various stages of litigation apart from the cost. 24. What colour the expression sufficient cause would get in the factual matrix of a given case would largely depend on bona fide nature of the explanation. If the court finds that there has been no negligence on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbo as a party can challenge an award even after the 120 day period. (emphasis supplied) Coming back to the Motor Vehicles Act, the legislative intent is to provide appropriate compensation for the victims and to protect their substantive rights, in pursuit of the same, the interpretation should not be as strict as commercial claims as elucidated above. 23. 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. 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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