9911796707
TMI Blog2011 (3) TMI 1812X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner filed M.C.O.P.No.234 of 1990, under Sections 166 and 140 of the Motor Vehicles Act, 1988, (hereinafter referred to as the Act) claiming compensation of ₹ 1,00,000/- for the injury sustained by him, on account of a motor vehicle accident on 12.11.1989, at about 6.30 p.m. on G.S.T. Road at Erattaimalai, Acharapakkam. On account of the accident, the petitioner sustained injuries, namely, shortening of right leg, abrasion over the forehead, laceration on the right side of the cheek, shortening of right limb and several other lacerations all over the body. On account of the accident, the petitioner became permanently disabled and unable to walk and could not carry on his profession as driver. Further, it is stated that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons given by the petitioner is not sufficient to condone the inordinate delay of 747 days and in the event, the Tribunal allows the application and condones the delay, the petitioner should be entitled to get interest only from the date of restoration. 6. The Tribunal by its order dated 12.04.1999, dismissed the application for condonation by holding that the reason assigned by the petitioner is vague and is not sufficient to condone the delay of 747 days. Aggrieved by such order, the petitioner has filed the present revision petition. 7. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent and perused the materials available on record. 8. The only issue, which falls fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arliament rightly thought that prescribing a period of limitation was harsh, inequitable and in many cases likely to cause injustice to the claimants. In the same Judgment, the Hon'ble Supreme Court also took note of the fact that though the Amending Act did not delete the Sub-Section 3 of Section 166 retrospectively, there is nothing in the Amending Act to show that the benefit of deletion of Sub-Section 3 is not to be extended to pending claim petitions. Therefore, the Hon'ble Supreme Court held that such claim petition cannot be thrown out on the ground of being barred under Section 166(3) of the Act, when it was in force. The decision of the Hon'ble Supreme Court in Dhannalal, referred supra, was followed in another decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enormous being 747 days. The petitioner has not given specific dates and events, which prevented him from contacting his counsel from more than two years, after the petition was dismissed for default. Yet one thing should not be lost sight of in the instant case is that the case on hand is a motor accident claim petition and the petitioner at the time of accident was employed as a driver, on account of the injuries sustained in the accident, he became permanently disabled and he was also dismissed from service by his employer and on account of the shortening of the limb, the petitioner is unable to do work as a driver and he has been put to great loss and misery. These averments made by the petitioner have not been denied by the Insurance c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;ble Supreme Court in the aforementioned decision and in order to have a justice oriented approach, the only course which could be adopted is to condone the delay and to restore the claim petition filed by the petitioner, any other order would not meet the ends of justice, as the claimant would be put to irreparable hardship. Yet, the objection raised by the respondent, Insurance company cannot be brushed aside. As noticed above, the Insurance company stated that in the event the Tribunal condones the delay and passes an award, the petitioner shall be entitled to interest only from the date of restoration. In fact the Hon'ble Supreme Court in the case of Mahendra Rathore, referred supra, observed that the Motor Accident Tribunal in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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