The court allows reopening a case for contestation due to delays caused by pandemic restrictions, stressing procedural fairness.

JUDGMENT

The petitioner challenges Exts.P5 and P6 orders in I.A.

No.2 of 2024 and in restoration petition No.47 of 2024 in O.P. (M.V.) No.2658 of 2019 on the files of the Motor Accidents Claims Tribunal, Kollam.

2. I.A. No.2 of 2024 was filed to condone the delay of 709 days in filing an application to set aside the exparte award. The specific contention of the petitioner is that he came to know about the award only when he received notice in the proceedings for revenue recovery, as he had engaged a counsel to appear before the Tribunal to contest the case. It is further stated that the petitioner could not contact his counsel to enquire about the case due to Covid-19 Pandemic, which resulted in the delay in filing the application to set aside the exparte award.

3. The Tribunal, by Ext.P5 order, rejected the application for setting aside the exparte award and consequently dismissed the restoration petition No.47 of 2024.

4. This Court, upon admission of the original petition, directed the petitioner to deposit an amount of Rs.50,000/- (Rupees fifty thousand only) on 31.07.2025, and the said order was modified, permitting the petitioner to furnish a bank guarantee for the said amount. The same was complied with, and a memo to that effect has been filed, producing the receipt issued from the Tribunal.

5. Taking note of the fact that the petitioner contends that there was a valid policy in existence at the time of the accident, despite latches on the part of the petitioner, I am inclined to grant a chance to the petitioner to contest the proceedings, making it clear that I have not expressed anything on the merits of the matter and it is for the Tribunal to decide upon the same in accordance with law. The impugned orders in Exts.P5 and P6 are set aside, and the matter is remitted to the Motor Accidents Claims Tribunal, Kollam, to rehear and pass orders in O.P.(M.V.) No.2658 of 2019 within four months from the date of receipt of a copy of this judgment. Till final orders are passed as directed above, all further coercive steps for recovery shall be kept in abeyance.

6. The parties will appear before the Tribunal on

17.03.2026. The Registry is directed to communicate this order to the Tribunal concerned forthwith.

The original petition is allowed as above.

Sd/-