HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No.4202 OF 2010 ORDER: Petitioners filed M.V.O.P. No.354 of 2009, against the respondents, claiming compensation on account of death of their son. The O.P. was dismissed for default on 30-03-2010. Petitioners filed an application under Order – IX Rule - 9 CPC with a prayer to restore the O.P. Since there was delay of 75 days in filing that application, they filed I.A No.1230 of 2010 under Section 5 of the Limitation Act. The Tribunal dismissed the I.A. through order dated 12-08-2010. Hence, this revision. 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Insurance Company. 3. Petitioners lost their son in an unfortunate accident. The O.P. was filed as recently as in 2009. It appears that it was posted on 30-03-2010 for appearance of the 1st respondent and payment of batta. The 1st petitioner stated that he was suffering from fever and he could not attend the Court and failed to pay the batta for the 1st respondent. Further, it was also mentioned that his counsel was engaged in another Court on that date. These grounds did not weigh with trial Court. Almost a hyper technical view was taken and the I.A. was dismissed. It is not as if the delay was enormous or that the O.P. was pending for years together. It was almost at the threshold. At a time when the efforts are being made to take the justice to the doorsteps, the hyper technical approach cannot be permitted, that too, in the proceedings initiated under welfare legislations. 4. It is brought to the notice of this Court that the matter has been almost settled before the Lok Adalat. 5. Hence, the Civil Revision Petition is allowed and the order under revision is set aside, as a result, the delay shall stand condoned and the O.P. is restored to file. There shall be no order as to costs. ____________________ L. NARASIMHA REDDY, J December 14, 2010. KTL