Order 1

Order Details: Order on Exh.
Pdf Text: 1
Order Below Exh.16
In
Miscl. Application N0. 1507 OF 2023
1. Perused the application and say filed.
2. This application has been preferred for bringing on
record the legal heirs of deceased claimant by condoning the
delay caused for the same. It is contended in the application that
the sole claimant has died on 05.05.2024 leaving behind his legal
heirs, pending the claim-application filed by him. The legal heirs,
however, were not aware about the limitation period for seeking
permission for bringing the legal heirs on record which led to
cause 11 months delay for filing the present application. They
approached their advocate immediately after they came to know
about the same through relatives. There was no negligence on
their part and delay is caused due to lack of legal awareness.
3. The opposite party has not filed any say. Whereas,
the insurer has objected the applicationcontending that the claim-
proceeding has already been abated with the death of the sole
claimant.
4. The claim application was brought by the injured of
a motor vehicle accident occurred on 05.04.2023. The claimant
has died on 05.05.2024 pending the claim application, leaving
behind the proposed legal heirs. Since, the sole claimant has died,
it is necessary to bring on record his legal heirs. However, there
is delay of 11 months caused in seeking the necessary permission
for bringing on record the legal heirs of the deceased claimant.
5. Learned advocate for the applicants has submitted
that the delay was caused due to inadvertance and lack of
knowledge of the legal procedure and it was not caused
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intentionally or deliberately. Already, the deceased claimant and
his legal heirs have suffered mentally and econcomically due to
the accident. They are entitled for compensation. He further
submitted that it has been consistently observed that liberal
approach be adopted while deciding applications for condonation
of delay as refusing to condone delay may result in a meritorious
matter being thrown out at the threshold. Therefore, the delay
deserves to be condoned, in the interest of justice.
6. The provisions of the Motor Vehicles Act are
beneficial in nature and that a liberal and justice-oriented
approach must be adopted while dealing with such claims
brought under the provisions of the Motor Vehicles Act. Too
technical view may result in causing irreparable hardship to the
victims of the accident. The opposite party or the insurer have not
brought on record any malfide intention on the part of the
proposed legal heirs in causing delay for filing the application.
The application is supported by affidavit.
7. Thus, keeping in view the benevolent aspect of the Motor
Vehicles Act and considering the peculiar facts and
circumstances of the case, the delay caused in filing the
application for bringing on record the legal heirs of the deceased
deserves to be condoned by allowing the application. In the
peculiar facts and circumstance of the case, there shall be no
order as to cost. Hence, the following order:
O R D E R
1. The application is allowed.
2. The delay caused in filing the application for bringing on
record the legal heirs of the deceased claimant is hereby
condoned.
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3. Permission is granted to bring on record the legal heirs of
the deceased claimant.
4. The claim application be amended accordingly and
amended claim application be filed.
Date: 22.06.2026. (Smt. Rohini R. Patwari)
rs Member, C.R.No.5,
MACT, Mumbai.
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