SHIVN Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL TRICHUR

JUDGEMENT

(1.) THE question arising for consideration in the Original Petition is whether an application filed under Section 110A of the Motor Vehicles Act, 1939 read with Rule 3 of the Motor Accidents claims Tribunals Rules, 1977 should be accompanied by a separate petition for condonation of delay, in case the said claim petition was filed out of time. Rule 3 of the Kerala Motor Accidents claims Tribunals Rules, 1977 (for short 'The Rules') provides that an application under Section 110A of the Motor Vehicles Act shall be filed in the Form, prescribed in that regard. Clause 26 of the Form is in these terms:

(2.) ON a perusal of the documents produced before this court, particularly Ext.P1, it is seen that the petitioner has given the cause for the delay in filing the petition within the stipulated period.

(3.) WHEN the law prescribes the procedure to initiate certain proceedings before Forums exercising judicial or quasi -judicial functions, then the said authorities as also the parties who may go before them for relief, are bound by the said procedure. Here Rule 3 of the Rules provides that an application under Section 110A of the Motor Vehicles Act, 1979 shall be filed in the Form appended thereto. As already stated the petitioner, in clause 26 of the Form has given the cause which disabled him from filing the application within the stipulated time. The law thus enables an applicant to file the application under Section 110A without filing a separate petition for condonation of delay, in case the application was filed out of time. The only requirement that is insisted upon is that the petitioner should give the reasons for condoning the delay, in the application itself.