APEX COURT DIGEST - Jan.2017 [7]

Motor Accidents Claim - Tribunal conducted trial but return the claim petition to present in proper Tribunal feeling that it has no jurisdiction - The appellants filed review  petition  against  that
order which was also dismissed vide orders dated 10.04.2013.- Challenging this order,  the  appellants  filed  petition  under Article 227 of the Constitution in the High  Court  of  Calcutta  which  has
been dismissed by the High Court on the ground of delays and laches  stating that though MACT had dismissed the review petition of  the  appellants  vide orders dated 10.04.2013, revisional application challenging that  order  was filed only on 03.03.2015 after a delay of almost 2 years. - Apex court held that  It is  an  admitted  position  in  law  that  no  limitation  is prescribed for filing application under Article  227  of  the  Constitution - but  supposed to file  the same without unreasonable delay and if there is a delay that should be  duly and satisfactorily explained. - but  the High Court has dismissed  the  said  petition  by  observing  that though there is  no  statutory  period  of  limitation  prescribed,  such  a petition should be filed within a period of  limitation  as  prescribed  for
applications under Sections 115  of  the  Code  of  Civil  Procedure. -  This approach of the High Court cannot be countenanced.  -   in the absence of any limitation period, if the petition  is  filed  with  some delay but at the same time, the petitioner  gives  satisfactory  explanation
thereof, the petition should be entertained on merits. - Apex court on the consent of both parties fixed the compensation at 8 lakhs as no compensation was paid to the wife and children even after 91/2 years of accident.

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