The solitary contention advanced at the hands of the learned Counsel for the Appellant was, that even though there may no longer be a defined period of limitation, for approaching the Motor Accident Claims Tribunal, to raise a claim for compensation (under the provisions of the Motor Vehicles Act, 1988), yet a claimant must approach a Court, for raising such a claim within a reasonable time. It was submitted, that after a period of time, the claim would be stale and will have to be treated as a dead claim. Such a claim, it was submitted, could not be treated as a surviving claim. To demonstrate situations when an accident's claim would no longer be considered to be a surviving claim, illustratively it was submitted, that in a given case when the evidence to establish the rival claims, would not be available, for the mere reason of lapse of time. Either, the witnesses would not be available, or accessible, on account of lapse of time, resulting in lapse of memory and a situation in which truthful evidence can no longer be recorded. The contention was, that in such background, it was imperative for the concerned Court, to determine whether, in the facts and circumstances of a particular case, the claim could be considered as a surviving claim, on the date when the claim petition was filed before the Motor Accident Claims Tribunal. {Para 9}
We are of the considered view, that a claim raised before the Motor Accident Claims Tribunal, can be considered to be genuine, so long as it is a live and surviving claim. We are satisfied in accepting the declared position of law, expressed in the judgments relied upon by the learned Counsel for the Appellant. It is not as if, it can be open to all and sundry, to approach a Motor Accident Claims Tribunal, to raise a claim for compensation, at any juncture, after the accident had taken place. The individual concerned, must approach the Tribunal within a reasonable time.
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2555 of 2017
Decided On: 09.02.2017
Purohit and Company Vs. Khatoonbee and Ors.
Hon'ble Judges/Coram:
J.S. Khehar, C.J.I., N.V. Ramana and Dr. D.Y. Chandrachud, JJ.
Citation: J.S. Khehar, C.J.I.
Citation: MANU/SC/0243/2017.
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