The Civil Revision Petition is filed to set aside the order passed by the Motor Accident Claims Tribunal, Principal District Court, Nagapattinam in I.A.No.UF/2003 in MCOP No.UF/2001.
2. The Civil Revision Petition is challenging the Order of the Tribunal dated 14.07.2003 dismissing the application filed by the petitioner for condoning the delay in representing the claim petition filed by the petitioner.
3. According to the learned counsel for the petitioner, as per Section 151 of CPC, the Courts have power to enlarge the time originally granted for representing the claim petition.
4. The learned Judge considering the amendment to Section 148 of CPC, rejected the said contention holding that the Court has no power to condone the delay of more than 30 days. The learned Judge has not properly appreciated the decision reported in 2000(III) CTC 11 S.Saravanan (Minor) rep. by mother and next friend A.Latha -vs- The Chief Judge Court of Small Causes (Motor Accidents Claims Tribunal), Chennai - 104. In the said Judgment this Court held that, there is no time limit for presenting claim petition as per the new Act and application for condonation of delay should be considered on compassionate ground and should not be rejected on hyper technicality. The said decision is squarely applicable to the facts of the present case.
5. In the result, this Civil Revision Petition is allowed. The application for condoning the delay in representing the claim petition is ordered. The petitioner is directed to represent the claim petition within four weeks from the date of receipt of a copy of this order. On such representation, the Tribunal is directed to number the claim petition, if it is otherwise in order and dispose the claim petition on merits and in accordance with law, as expeditiously as possible. No costs.
18.09.2017 Index: Yes/No rna Note : Registry is directed to return the original claim petition filed by the petitioner.
To The Motor Accident Claims Tribunal, Principal District Court, Nagapattinam.
V.M.VELUMANI,J rna CRP (PD) No.1022 of 2005 18.09.2017