Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | motor vehicle |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Motor Vehicles Act, 1914 (8 of 1914) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988:s. 173 – Delay of 45 days in filing appeal against order ofMotor Accident Claim Tribunal – Application for condonation ofdelay and appeal dismissed by High Court – Appeal to SupremeCourt – Held: s. 173 provides limitation period for filing appeal –The provision also gives sufficient discretionary powers to the Courtto condone delay in filing the appeal if it is satisfied that thereexisted “sufficient cause” - The provision being a beneficiallegislation “sufficient cause” must be given liberal interpretationto serve the object of the Act – In the present case delay of 45 dayshas been properly explained – The strict approach taken in theimpugned order was hypertechnical and hence not sustainable –Delay is condoned – Matter remanded to High Court to be decidedon merit – Limitation – Delay.Delay:Condonation of delay – Criteria to be adopted – Held: Thereis no straight jacket formula for condonation of delay – The Courtsare required to take into consideration entire facts and circumstancesof the case as well as conduct of the parties while consideringcondonation of delay – Keeping in view substantive rights of theparties, undue emphasis should not be given to technicalities andprovisions cannot be viewed strictly as compared to commercialclaims.Interpretation of Statutes:Beneficial legislation – Interpretation of – Held: Interpretationof beneficial legislation must be remedial and must be in furtheranceof the purpose which the statute seeks to serve.Words and Phrases:Expressions “may” and “sufficient cause” — Interpretationof, in the context of s. 173 of Motor Vehicles Act, 1988. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2020 INSC 483 |
Petitioner | Brahampal @ Sammay And Anr. |
Respondent | National Insurance Company |
SCR | [2020] 9 S.C.R. 504 |
Judgement Date | 2020-08-07 |
Case Number | 2926 |
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