Liberal condonation of delay in motor accident claims depends on sufficient cause, claimant background, and realistic evidence assessment.

Delay in filing a fresh motor accident claim petition may be condoned where sufficient cause is shown and the court applies a liberal, justice-oriented approach. The text explains that the discretion must consider the claimant's status, background, reasons for delay, conduct of the parties, prior litigation history, and the quality of legal advice received. On the facts described, the claimant's illiteracy, tribal background, earlier timely filing, and the pendency and withdrawal of the first petition substantially explained the delay; the remaining delay was said to have been misread by the Tribunal through an unduly strict assessment of the affidavit and evidence.

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Issues: Whether the delay in filing the fresh claim petition under the Motor Vehicles Act was liable to be condoned for sufficient cause.

Analysis: The power to entertain a claim petition filed after limitation is a judicial discretion to be exercised on the statutory perspective and relevant legal principles, with a liberal approach where the object is to advance substantial justice. In assessing sufficient cause, the Court must consider the status and background of the claimant, the circumstances leading to delay, the conduct of the parties, the previous history of the litigation, and the quality of legal guidance received. The claimant here was an illiterate widow from a scheduled tribe who had filed the first petition within time, and a substantial part of the delay was explained by the pendency and withdrawal of that petition. The remaining delay was found to have been misappreciated by the Tribunal, which read her affidavit and testimony too strictly and without a realistic appreciation of her condition and rustic background. The refusal to condone delay was therefore based on misreading of material evidence and non-application of the correct principles governing the exercise of discretion.

Conclusion: The delay ought to have been condoned and the refusal to do so was unsustainable; the petitioner's challenge succeeded.

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