( 1 ) THIS civil miscellaneous appeal is preferred by the appellantpetitioner being aggrieved by the order passed by the Motor Accidents Claims tribunal, Chittoor at Tirupathi, made in i. A. No. 1094 of 1993 in O. P. No. Nil of 1993, dated 6. 4. 1994, in which the Tribunal below has dismissed the petition filed under section 166 (3) of the Motor vehicles Act for condoning the delay of five months twenty-one days in presenting the claim petition.

( 2 ) THE petitioner in the Tribunal below filed the original petition, claiming compensation for the damages caused to the vehicle in the accident on 2. 6. 1992. As the petition was not filed within the period prescribed under section 166 of the Motor vehicles Act, he filed LA. No. 1094 of 1993 for condoning the delay and the same was dismissed by the Tribunal below.

( 3 ) THE ground mentioned for condoning the delay was that as the petitioner was busy with his business work, by oversight, he could not present the said O. P. in time and the Tribunal held that the said reason cannot be accepted as a sufficient ground and dismissed the petition. Assailing the same, the petitioner has filed the present appeal.

( 4 ) THE learne