NATVARBHAI KHIMJIBHAI THAKKAR Vs. AHMEDHAJI ISAJI

JUDGEMENT

(1.) THE present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the petitioner herein ­ original applicant to quash and set aside the impugned judgement and order dated 30/08/2001 passed by Motor Accident Claims Tribunal, Ahmedabad (Rural) in Misc.Civil Application No.505 of 2000, by which, learned Tribunal has dismissed the said application submitted by the petitioner, which was submitted to condone the delay in preferring the Review Application to review and recall the judgement and award passed in Motor Accident Claim Petition No.28 of 1987.

(2.) MR .A.G.Vyas, learned advocate appearing of behalf of the petitioner herein has submitted that as such the petitioner came to know about the correct policy number when the reply was filed in the Execution Petition and, therefore, review application was submitted to review the judgement and award passed in Motor Accident Claim Petition No.28 of 1987. However there is a delay in preferring the review application, the application was submitted to condone the delay. It is submitted that in the aforesaid facts and circumstances of the case, the learned Tribunal ought to have condoned the delay in preferring the review application and ought to have decided and disposed of the review application on merits.

(3.) HAVING heard learned advocates appearing on behalf of the respective parties and considering the fact that the petitioner herein ­ original claimant came to know about the correct policy number when the reply was filed in the execution petition and thereafter immediately review application was submitted and, therefore, the Tribunal ought to have condoned the delay and ought to have considered the review application on merits. Under the circumstances, the impugned order passed by the Tribunal deserves to be quashed and set aside.