THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.3412 OF 1999 DATED: 24-6-2010 BETWEEN: Kodadala Mallaiah, S/o.Bixmiah Appellant & G. Raju, S/o.Ramachary & another Respondents THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.3412 OF 1999 JUDGMENT: This appeal is filed by the claimant aggrieved by the order dated 28-8-1999 passed in IA No.1948 of 1998 in OP No.212 of 1993 by the Chairman, Motor Accidents Claims Tribunal-cum- Principal District Judge, Nalgonda. The claimant-appellant herein filed the above OP seeking compensation, but the same was dismissed for default on 7-6- 1996. The claimant could not file the restoration petition in time, but filed a petition with a delay of 784 days in filing a petition to restore the OP, which was dismissed by the impugned order on the ground that the claimant ought to have been diligent in prosecuting the matter and the reasons assigned by him for the delay are not believable. Hence, this appeal. 3. Heard the learned counsel for the appellant-claimant. Perused the impugned order passed by the Tribunal. 4. The reasons assigned by the claimant was that the letter addressed by his counsel that the matter was dismissed for default was not received by him as he has changed his address. It is also his case that to eke out his livelihood, he has to move from place to place and he was not in the village for a period of two years and, therefore, could not contact his counsel. 5. Having heard the learned counsel and having perused the impugned order I am of the considered view that the claimant has to be given an opportunity to contest the OP. Courts cannot be oblivious to the vagaries of life. The Supreme Court in N. BALAKRISHNAN VS. M. KRISHNAMURTHY (1998 (7) at paras 9, 10, 11, observed thus:- “9. It is axiomatic that condonation of delay is a matter of discretion of the Court. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Length of delay is no matter, acceptability of the explanation is the only criterion. Sometimes delay of the shortest range may be uncondonable due to want of acceptable explanation whereas in certain other cases delay of very long range can be condoned as the explanation thereof is satisfactory. Once the Court accepts the explanation as sufficient it is the result of positive exercise of discretion and normally the superior Court should not disturb such finding, much less in revisional jurisdiction, unless the exercise of discretion was on wholly untenable grounds or arbitrary or perverse. But it is a different matter when the first Court refuses to condone the delay. In such cases, the superior court would be free to consider the cause shown for the delay afresh and it is open to such superior Court to come to its own finding even untrammeled by the conclusion of the lower Court. 10. The reason for such a different stance is thus : The primary function of a court is to adjudicate the dispute between the parties and to advance substantial justice. Time limit fixed for approaching the Court in different situations is not because on the expiry of such time a bad cause would transform into a good cause. 11. Rules of limitation are not meant to destroy the right of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury……” 6. In the instant case, it is a matter of seeking compensation under the provisions of the Motor Vehicles Act, which itself is a beneficial piece of legislation. In the circumstances, the appeal is allowed and the impugned order is set aside and consequently the OP is restored to its file. The OP is of the year 1993, and it is expedient that the Tribunal shall dispose of the OP, in accordance with law, within a period of six months from the date of receipt of a copy of this order. No costs. _______________________ Ghulam Mohammed, J Dated 24-6-2010 Nrg. THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CMA NO.3412 OF 1999 24-6-2010