IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.143 of 2002 BETWEEN Lanka Bharathi. ... PETITIONER AND M/s. Kalpana Transport Service, Hyderabad and another. ...RESPONDENTS Counsel for the Petitioner : MR. V. PADMANABHA RAO Counsel for the Respondents: --NONE APPEARED-- The Court made the following: ORDER: Petitioner, as a claimant, had filed MVOP.No.500 of 1993 before the Motor Accidents Claims Tribunal – cum – II Additional District Judge, Vijayawada, claiming compensation for the death of her mother on account of a motor accident. It appears, that the said OP was posted for her evidence on 21.07.1999 and on account of her absence; the OP was dismissed for non-prosecution on that day. Petitioner, thereafter, filed the restoration petition along with the present I.A.No.3806 of 2009 seeking condonation of delay of 34 days in filing application for restoration. The said application seeking condonation of delay was dismissed by the Court below. Hence, this revision. 2. Heard learned counsel for the petitioner. The first respondent has been served through publication as per substitute service ordered by this Court and second respondent was served by RPAD. However, nobody appears on behalf of the respondents. 3. The affidavit filed by the petitioner in support of the application together with medical certificate of Civil Assistant Surgeon, states that she received intimation from her counsel about posting of the case for trial on 21.07.1999 but she could not attend the Court on account of her suffering from Jaundice. She states that she has taken treatment from a Doctor and after getting cured of the ailment when she contacted her counsel, she came to know that OP was dismissed for default. Thereafter, the present application was made on 22.09.1999 to set aside the dismissal order dated 21.07.1999. The medical certificate of Civil Assistant Surgeon, University Hospital, Vijayawada dated 22.09.1999 is produced, which states that the petitioner was treated for Viral Hepatitis and advised complete rest from 01.07.1999 to 22.09.1999. In the affidavit of the petitioner, it was very loosely stated that she was discharged by the Doctor on 22.09.1999 and the Court below has relied upon that averment and after comparing it with the medical certificate came to the conclusion that the petitioner was not admitted to any hospital and as such, the question of discharge does not arise. The Court below, therefore, disbelieved the cause shown by the petitioner and dismissed the application for condonation of delay. 4. If we see the medical certificate, the Civil Assistant Surgeon specifically states that the petitioner was suffering from Viral Hepatitis and was under treatment of Doctor till 22.09.1999. Her averment that she was discharged by the Doctor, therefore, has to be understood, as from the treatment of the Doctor. In any case, the fact that the petitioner was suffering from Viral Hepatitis is established by medical certificate as well as her affidavit, which is not specifically contraverted. Since the matter relates to compensation under the Motor Vehicles Act, a liberal and beneficial interpretation of the cause shown by the petitioner is warranted and it would be highly unjust to throw out the claim for compensation on hyper- technical pleas. The impugned order is accordingly set aside. The civil revision petition is allowed. The Court below shall take up the application for restoration and after passing appropriate orders shall consider and decide the compensation case in accordance with law after giving due opportunity to all the parties. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J June 9, 2011 DSK