A DEVI Vs. CH JANAKI

JUDGEMENT

(1.) This revision is directed against an order dated 21-8-2001 passed by the learned Motor Accidents Claims Tribunal-cum- II Additional District Court, Kurnool in I.A.No. 556 of 2000 in O.P.No.334 of 1996.

(2.) The petitioner is a widow. Her husband died in an accident due to the rash and negligent driving of the driver of the vehicle. Therefore, the petitioner herein approached the Tribunal to award just compensation under the provisions of the Motor Vehicles Act by filing MVOP No. 334 of 1996, but the said petition was dismissed for default. Then she filed a petition to set aside the said dismissal order and since there was a delay of 732 days in filing the said petition, she filed I.A. No. 556 of 2000 u/Sec. 5 of the Limitation Act to condone the said delay of 732 days. The reason assigned was that due to mistake and oversight she has not filed the petition in time. The trial Court held the delay has not been properly explained in the affidavit and therefore declined to condone the delay and accordingly dismissed the said application. Aggrieved by the said order, this revision is preferred.

(3.) Learned counsel for the petitioner vehemently contended that the Motor Vehicles Act itself is a beneficial legislation and therefore the petition filed for condoning the delay in filing the petition for setting aside the default order ought to have been considered liberally.