LUKOSE Vs. GOVINDAN NAIR

JUDGEMENT

(1.) This appeal is by a claimant whose claim petition was dismissed by the Motor Accidents Claims Tribunal for default. Though the appellant filed an application for restoration of the petition, the Claims Tribunal dismissed that application. The appellant then moved an Original Petition in this Court under Art.227 of the Constitution challenging the said order by which the restoration application was dismissed. But the Original Petition was also dismissed with the observation that the appellant should have preferred an appeal as provided in S.110D of the Motor Vehicles Act, 1939 (for short 'the Act') against the award by which the claim was dismissed. Hence this appeal after getting the delay condoned by this Court.

(2.) The order dated 5-6-86 which is under challenge reads thus:

(3.) S.110A of the Act provides for making application before the Claims Tribunal for compensation arising out of the motor accident. Sub-section (3) says that no application for compensation shall be entertained unless it is made within six months of the occurrence of the accident and its proviso enables the Claims Tribunal to entertain the application even after the expiry of the said period, if it is satisfied that the applicant was prevented by sufficient cause from making the application in time. S.110B imposes a duty on the Claims Tribunal to hold an enquiry on receipt of an application and to make an award. S.110C(1) gives power to the Claims Tribunal to follow such summary procedure as it thinks fit in holding the enquiry envisaged in the preceding section.