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2000 Supreme(Mad) 564

A.RAMAN
S. Saravanan (Minor) rep. by mother and next friend A. Latha – Appellant
Versus
The Chief Judge Court of Small Causes (Motor Accidents Claims Tribunal) Chennai – Respondent


Advocates:
Mr.C. Munusamy, Advocate for Petitioner. Mr.M.Dhanadapani, Advocate for
Respondents.

Judgment :

1. The petitioner herein filed an application to condone the delay of 2134 days in representation of M.A.C.T.O.P.SR.No.28961 of 1993. The petitioner is a minor. He met with an accident on 13. 1993. When the Autorickshaw TSD 5830 dashed against him while he was walking. In that accident the petitioner who was a school going child aged about seven years sustained fractures in his right leg. It is stated that on account of the injuries sustained the petitioner has been practically crippled and that he cannot lead a normal healthy life hereafter. The Chief Judge, Court of Small Causes, Chennai dismissed the petition filed on 22. 2000 and aggrieved by the same the present revision is filed.

2. It is not a case of delay in presentations but it is only a case of delay in re-presentation. The Act has now amended and no limitation is prescribed for preferring a claim. In these circumstances, the petitioners request ought to have been considered by the lower court on compassionate ground. Hyper technicalities should not sway the mind of the court nor such rigid stance is called for. The Presiding Officer cannot adopt a wooden attitude,when such a request is made. Such technicalit


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