ORDER : This is a revision petition under Section 115(c) of the Civil Procedure Code read with Section 8(2)(b)(i) of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963.

2. The case of the petitioner company is that the respondent filed an application for compensation under Section 110A of the Motor Vehicles Act, 1939 claiming compensation of Rs. 16,000/- on account of the death of her husband, who met with a fatal car accident on 31st March, 1966. The application filed by the respondent was after the period of limitation prescribed under sub-clause (3) of this section but because of the operation of the proviso, the Claims Tribunal condone the delay. It was satisfied that the respondent was prevented by sufficient cause from making the application in time. This order was passed on 20th November, 1967. The petitioner company felt that the discretion under the provision was not properly exercised and consequently moved this Court in revision petition.

3. Shri William Gomes, learned counsel for the petitioner company, is asked to satisfy this Court whether the Claims Tribunal can be regarded as a Court for the purposes of Section 115(c) of the Civil Procedure Code a

Click Here to Read the rest of this document