K TRIVIKRAM Vs. MOHAMMAD ABDUL KAREEM KHAN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has applied for an award of compensation in respect of a motor accident in which he sustained injuries. According to him the injuries resulted in permanent disability and he had to undergo a major operation and he is still suffering on account of the disability. But this claim for compensation was dismissed for default. He then moved an application for restoration of the claim. That was also dismissed by the court on 12/11/88. Against that order he filed a revision before the high Court but unfortunately the High Court did not interfere for the reasons that:

(3.) We too agree that there were laches on the part of the appellant in prosecuting his case but in the peculiar situation in which the unfortunate appellant was placed those laches should not have been the main decisive ground for non-suiting him once and for all. If his physical condition is what has been pictured by him that would certainly give some room for leniency insofar as the default committed by him is concerned. We do not think it necessary in the fact situation to adopt a rigid attitude towards him. We, therefore, deem it necessary in the interest of justice to restore the claim made by him.