Accident--Limitation--Claim petition filed after deletion of Sub-section 3 of S.166 of 1988 Act for claiming compensation arising out of an accident which had taken place before enforcement of 1988 Act on 1.7.89 could not be dismissed as time barred. Accident--Claim Petition--Dismissed-in-default--Fresh Petition--Not maintainable.

2010(2) LAW HERALD (P&H) 990
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rajesh Bindal
FAO No. 290 of 1989 (O&M)
Smt. Gul Devi & Anr.
v.
Surjit Singh & Ors.
{Decided on 09/03/2010}
For the Appellants: Mr. Suvir Sehgal, Advocate.
For the Insurance Company; Mr. Ravinder Arora, Advocate.
IMPORTANT POINTS
Accident--Limitation--Claim petition filed after deletion of Sub-section 3 of S.166 of 1988 Act for claiming compensation arising out of an accident which had taken place before enforcement of 1988 Act on 1.7.89 could not be dismissed as time barred.
Accident--Claim Petition--Dismissed-in-default--Fresh Petition--Not maintainable.
(A) Motor Vehicles Act, 1939--Motor Vehicles Act, 1988, S.166 & 58(6)--Claim Petition--Limitation--Whether claim petition filed after deletion of Sub-section 3 of S.166 of 1988 Act for claiming compensation arising out of an accident which had taken place before enforcement of 1988 Act on 1.7.89 could be dismissed as time barred--Held,NO
Issue stands authoritatively concluded by Hon’ble Supreme Court holding that even in the cases where the accident had taken place when the 1939 Act was in force and a claim petition had been filed after the enforcement of the 1988 Act, especially after the deletion of Sub-section 3 Section 166 of the 1988 Act, the claim petition cannot be dismissed on account of limitation--It was opined considering the fact that it was a piece of beneficial legislation, where mere delay should not be a ground to non-suit the claimant, who may have lost the bread earner of the family or suffered grievous injuries--In fact, to take care of such situation and also delay in filing of claim petitions and also the disposal thereof, Hon’ble the Supreme Court in Jai Parkash’s case has issued certain directions to the police authorities as well as the Tribunals in the country to take steps strictly in terms of Section 158(6) of the 1988 Act by recording the Accident Information Report in Form No. 54 and submitting the same to the concerned Tribunal within 30 days of the registration of FIR mentioning requisite details therein--The Tribunals have also been directed to consider such reports as claim applications under Section 166 of the 1988 Act and decide without waiting for formal claim petitions. (Para 9, 15 & 16)
(B) Motor Vehicles Act, 1988, S.166--Claim Petition--Dismissed-in-default--Fresh Petition--Not maintainable--Earlier Petition filed by father of deceased dismissed in default--No further proceedings initiated to get that petition restored--Fresh petition filed on his behalf not maintainable--Once claim on his behalf is dismissed, apportionment on account of compensation in his favour will also go. (Para 17)
(C) Motor Vehicles Act, 1988, S.166--Compensation--Enhancement of--Mother of deceased granted compensation of Rs. 40,000/--She is also entitled Rs.10,000/- on account of transportation, funeral expenses, loss of estate etc.--She is also entitled to interest @ 6% from date of filing of claim petition till realization of amount. (Para 18)