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1977 Supreme(Guj) 83

P.D.DESAI
UKADBHAI VALLABHBHAI HALPATI – Appellant
Versus
NAVRANG TRANSPORT – Respondent


Advocates Appeared: A.H.YAGNIK, S.N.SHELAT, YOGESH S.MANKAD

P. D. DESAI, J.

( 1 ) THIS Revision Application is directed against an order of the Motor Accidents Claims Tribunal Surat rejecting an application made by the petitioners for condoning the delay in presenting application for compensation under sec. 110a of the Motor Vehicles Act 1939 (hereinafter referred to as the Act ). The application in question was not rejected on merits but on a technical ground namely that since it was sent by registered post and not presented in person or by a recognised agent or by a pleader appearing applying or acting on behalf of the petitioners the application was not tenable.

( 2 ) IN reaching the aforesaid conclusion the Tribunal adopted the following reasoning: (1) that under sub-sec. (2) of sec. 110-C and Rule 294 of the Bombay Motor Vehicles Rules 1959 thereinafter referred to as the Rules) the Tribunal has the powers of a Civil Court and it is competent to exercise such powers in so far as the same are not inconsistent with the provisions of the Act and the Rules; (2) that so far as entertainment of an application for condonation of delay was concerned no specific rule was framed; (3) that Rule 291 which related only to the main application for co











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