1 wp10343-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10343 OF 2010 Anandrao K. Chougule .. Petitioner versus M.S.R.T.C, Divisional Office, Kolhapur & Anr .. Respondents Mr.Satyajeet Mirajkar for the petitioner. Ms.Dipti Thosar i/by P.G.Lad for respondent Nos.1 and 2. CORAM : S.C.DHARMADHIKARI, J. 28th JULY 2011. P.C.: . Heard both sides. The petitioner is the applicant before the Motor Accident Claims Tribunal at Jaisingpur. The claim was made for accidental injury caused by the vehicle belonging to the Maharashtra State Road Transport Corporation. That claim was lodged on 7th October 2008. 2 The claim petition has been dismissed, firstly, on the ground that it is not in the proforma and, secondly, because the Registry of the Motor Accident Claims Tribunal has refused to register the same for non 2 wp10343-10.sxw compliance with the office objections. The Tribunal should have been aware that the claim is for compensation on the count of the injury caused to the petitioner. The petitioner is thus a victim of the accident. The procedure and form is not of much importance in these matters. The substance has to be seen. If the application is filed by substantially complying with the procedural rules, then, it should be taken up for adjudication. In any event, if some time is sought to comply with the procedural rules, that should be given. A hyper technical approach in such matters will defeat the very object and purpose of Motor Vehicles Act and provisions therein enabling the parties like the petitioner, who are victims of accident, to seek compensation. For these reasons, the impugned orders are quashed and set aside. If the disability certificate is already produced by the petitioner and it is on the file of the Registry of the said Tribunal, the application for compensation should be registered and numbered and proceeded with in accordance with law. Since it is pending for a long time, the same should be decided expeditiously. The petition is allowed in these terms. No costs. (S.C.DHARMADHIKARI, J)