THE HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.2872 of 2009 ORDER: Heard the learned counsel on either side and at their request the main revision is taken up for disposal. The petitioner, who is a claimant in the motor vehicle accident claim seeks to assail the order rejecting an application seeking for condonation of delay of 21 days in filing an application for restoration of main appeal where the petitioner sought for compensation in a motor accident claim. The main ground urged on behalf of the petitioner was to the effect that the counsel appearing for the petitioner on the relevant date was not present and his colleague was asked to represent the matter, who remained absent, and therefore, there is a delay and the absence is purely accidental and unintentional. However, the Court below did not find favour and dismissed the application. Having considered the submissions and on perusal of the material, and especially, having regard to the nature of the main case itself, which is for compensation for the injuries received in a motor accident, the Court below should have given an opportunity to the petitioner to contest the matter on merits rather than dismissing the application at the threshold. It is now well established that the attempts of the Courts should be to aid the parties, but not to punish them. Further, instead of allowing the matters one sided to become final, the endeavor should always be to see that the cases are disposed of on merits, after contest from both sides. In the circumstances, the revision is allowed. The delay is condoned and the restoration application stands allowed and the M.V.O.P.No.643 of 1993 is restored to file. The Court below shall dispose of the M.V.O.P.No.643 of 1993 itself, after giving notice and opportunity of hearing to both sides. No costs. __________________ B. PRAKASH RAO, J 06th November, 2009. grk THE HON’BLE SRI JUSTICE B. PRAKASH RAO CIVIL REVISION PETITION No.2872 of 2009 Dated: 6th November, 2009