UNITED INDIA INSURANCE COMPANY LIMITED NAGERCOIL Vs. AIYAMMAL

JUDGEMENT

(1.) AGGRIEVED against the order of the Motor Accidents Claims tribunal Principal District Court, Tirunelveli in I. A. No. 876 of 1990 in m. C. O. P. SR. No. 12617 of 1990 dated 6. 12. 1991 condoning the delay of 4113 days in filing the claim petition, the United India Insurance Company Limited, nagercoil has filed this revision before this Court under Art. 227 of the constitution of India.

(2.) NO doubt the delay is enormous namely 4113 days in filing the claim petition. Irrespective of the reason or reasons adduced by the claimants the conclusion arrived at by the Tribunal in condoning the delay in view of the recent decision of the Apex Court in Dhannalal v. D. P. Vijayargiya and others, (1996)2 C. T. C. 143: (1996) 4 S. C. C. 652: (1996)2 Supreme Today 281, has to be condoned and revision has to be dismissed. As stated in the Supreme court judgment, if any proceeding is pending either before Tribunal or in the high Court or Supreme Court, giving extended meaning to Sub Clause (3) of sec. 166 of Motor Vehicles Act, 1988, the delay has to be condoned. In view of the law laid down by the Supreme Court I do not find any merit in the revision and accordingly the same is dismissed.