LAWS(KER)-1986-9-24

SIVAN Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL TRICHUR

Decided On September 23, 1986
SIVAN Appellant
V/S
MOTOR ACCIDENTS CLAIMS TRIBUNAL, TRICHUR Respondents

JUDGEMENT

(1.) The question arising for consideration in the Original Petition is whether an application filed under S.110A of the Motor Vehicles Act, 1939 read with R.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.

(2.) R.3 of the Kerala Motor Accidents Claims Tribunals Rules, 1977 (for short 'The Rules') provides that an application under S.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:

(3.) 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.