The court emphasized the necessity of considering the merits of a claim when procedural delays are demonstrated.

JUDGMENT

The petitioner is the claimant in OPMV No.1147 of 2014 before the Motor Accident Claims Tribunal, Kollam. The claim petition was rejected on 07.11.2017. Thereafter, restoration petition No.13/2023 was filed with an application to condone the delay in filing the same, which was dismissed on 01.10.2024. Challenging the same, this OP(MAC) is filed.

2. Learned counsel for the petitioner submits that the matter was entrusted to a counsel who was staying close to the house of the claimant, who, in turn, entrusted it to another counsel, who, unfortunately, is no more. It is thereafter, on enquiry, was found that the case was dismissed, and after obtaining the engagement of vakalath from the lawyer to whom it was originally entrusted, the applications were filed seeking restoration, and that was the reason for the delay caused.

3. Taking note of the above facts and that the claim petition stands dismissed on 01.10.2024, I am inclined to grant one opportunity to the petitioner to contest the case on merits. Under such circumstances, Exts.P6 and P7 are set aside. The Tribunal is directed to consider the claim petition on its merits. The parties are directed to appear before the Tribunal on 08.12.2025.

The original petition is allowed as above.