TMI Blog1979 (4) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... ced us that the merits of the case call for any intervention at all. Appeal dismissed. - Special Leave Petition (Civil) Nos. 5228 and 5286 of 1977 - - - Dated:- 16-4-1979 - Judge(s) : V. R. KRISHNA IYER., R. S. PATHAK ORDER An explosive escalation of automobile accidents, accounting for more deaths than the most deadly diseases, has become a lethal phenomenon on Indian roads everywhere. The jural impact of this tragic development on our legislatures, courts and law enforcing agencies is insufficient, with the result that the poor, who are, by and large, the casualty in most of these cases, suffer loss of life or limb and are deprived of expeditious legal remedies in the shape of reasonably quantified compensation promptly paid and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w values life and limb in a free country in generous scales. In the present case, a doctor and his brother riding a motor cycle were hit, by a jeep driver and both were killed. The fatal event occurred in November, 1971, but the Motor Accident Claims Tribunal delivered judgment five years later awarding sums of Rs. 80,000 and Rs. 73,500 to the two sets of claimants. The delay of five years in such cases is a terrible commentary on the judicial process. If only no-fault liability, automatic reporting by the police who investigate the accident in a statutory pro forma signed by the claimants and forward to the tribunal as in Tamil Nadu and decentralised empowerment of such tribunals in every district coupled with informal procedures and li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court in State of West Bengal v. Administrator, Howrah Municipality, AIR 1972 SC 749. The conclusion was couched in these words : " The Assistant Divisional Manager of the company-appellant is not an illiterate or so ignorant person who could not calculate the period of limitation. Such like appeals are filed by such companies daily. The facts of this case clearly show, as observed earlier, that the mistake is not bona fide and the appellant has failed to show sufficient cause to condone the delay. " We are not able to agree with this reasoning. A company relies on its legal adviser and the manager's expertise is in company management and not in law. There is no particular reason why when a company or other person retains a lawye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Supreme Court upset this approach. I am of the view that legal advice given by the members of the legal profession may sometimes be wrong even as pronouncement on questions of law by courts are sometimes wrong. An amount of latitude is expected in such cases for, to err is human and laymen, as litigants are, may legitimately lean on expert counsel in legal as in other departments, without probing the professional competence of the advice. The court must, of course, see whether, in such cases there is any taint of mala fides or element of recklessness or ruse. If neither is present, legal advice honestly sought and actually given, must be treated as sufficient cause when an application under section 5 of the Limitation Act is being co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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