GANESH RAM BEHERA Vs. FIRST MOTOR ACCIDENTS CLAIMS

JUDGEMENT

(1.) The petitioner's claim application under Section 166 of the Motor Vehicles Act, 1988 ('the Act', for short) having been rejected by the First Motor Accidents Claims Tribunal, Sundargarh, opposite party No. 1, on the ground of limitation, he has filed the present writ petition under Articles 226 and 227 of the Constitution of India challenging the said order.

(2.) THE petitioner, it is alleged, met with an accident on 15.9.1992. Since he sustained severe injuries and his right leg was fractured, he was admitted in Ispat General Hospital, Rourkela, where he underwent treatment as an in -patient till 21.3.1993. After being discharged from the hospital, he had joined his duty on 22.3.1993 and obtained all relevant papers from his department and the hospital on 26.3.1993, whereafter he left for Sambalpur, consulted his advocate, drafted the claim petition and filed the same on 30.3.1993. Since there was delay of 15 days in preferring the claim, opposite party No. 1, upon hearing the petitioner, rejected the petition vide order Annexure -5, observing that the delay has not been satisfactorily explained.

(3.) KEEPING in view the totality of facts and circumstances coupled with the decisions of the Apex Court referred to above, we are inclined to allow the writ petition. Accordingly, the writ petition is allowed and the delay is condoned. The opposite party No. 1, viz., First Motor Accidents Claims Tribunal, Sundargarh, is directed to admit the claim application and proceed to dispose of the same in accordance with law. In the circumstances there shall be no order as to costs.