BOJJA RAJU Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS is an appeal preferred by the claimant-petitioner challenging the order dated 29-11-1991 passed in J. A. (SR) No. 9196. 91 in O. P. S. R. No. 2127 of 1991 refusing to condone the delay of 216 days in re-presenting the O. P.

(2.) THE delay in presentation has to be viewed strictly as each and every day's delay has to be explained, and it is no doubt a general principle of law. But in cases of re-presentation the same test need not be applied in letter and spirit. Generally in Motor Accident claims cases liberal view has to be taken. It may be remembered that the claimants have already lost their sole bread-winner and if they are denied the just compensation by courts on technical grounds, they will be put to untold misery. The object of the Legislation is to come to the rescue of the destitutes who lost their sole bread-winner. In this case the claim petition was filed within time, but there is delay in re-presentation. Considering the explanation given by the petitioner, I feel that the delay of 216 days in representation can be condoned. 1 he order of the owner tribunal is therefore, set aside and the appeal is allowed. The delay is condoned. The lower Tribunal is directed to register the O. I', and proceed with it according to law. No costs.