BRAHAMPAL @ SAMMAY & Anr. v. NATIONAL INSURANCE COMPANY

Condonation of delay – Criteria to be adopted – Held: There is no straight jacket formula for condonation of delay – The Courts are required to take into consideration entire facts and circumstances of the case as well as conduct of the parties while considering condonation of delay – Keeping in view substantive rights of the parties, undue emphasis should not be given to technicalities and provisions cannot be viewed strictly as compared to commercial claims. Interpretation of Statutes: Beneficial legislation – Interpretation of – Held: Interpretation of beneficial legislation must be remedial and must be in furtherance of the purpose which the statute seeks to serve. 504 BRAHAMPAL @ SAMMAY AND ANR. v. NATIONAL INSURANCE COMPANY 505 Words and Phrases: Expressions “may” and “sufficient cause” — Interpretation of, in the context of s. 173 of Motor Vehicles Act, 1988. Allowing the appeal, the Court HELD: 1. Chapter XII of the Motor Vehicles Act, 1988 is a beneficial legislation intended at protecting the rights of victims affected in road accidents. Moreover, the Act is a self-contained code in itself which provides procedures for filing claims, for passing of award and for preferring an appeal. Even, the limitations for preferring the remedies are contained in the code itself. The interpretation of a beneficial legislation must be remedial and must be in furtherance with the purpose which the statute seeks to serve. [Paras 8 and 9][509-F-G]