Motor accident claim restoration delay can be condoned on a justice-oriented approach when statutory relief would otherwise be defeated.

In motor accident claim restoration matters under Section 166 of the Motor Vehicles Act, the Court applied a justice-oriented approach because the provision is beneficial legislation aimed at effective relief to accident victims. Although the delay of 747 days was substantial and the explanation lacked specific dates, the petitioner's permanent disability, loss of service, and the absence of effective denial of the hardship persuaded the Court that refusal would defeat the statute's object. The delay was therefore condoned and the claim petition restored, with suitable terms protecting the opposing party, including exclusion of the period from 21.11.1995 to the date of restoration for interest computation.

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Issues: Whether the delay of 747 days in seeking restoration of the motor accident claim petition ought to be condoned and the petition restored to the Tribunal.

Analysis: The claim arose under Section 166 of the Motor Vehicles Act, 1988, which is a beneficial legislation intended to afford effective relief to accident victims. The deletion of Section 166(3) removed the limitation for such claims, and the approach to restoration matters in motor accident cases must be justice-oriented rather than technical. Though the delay was inordinate and the explanation was not supported by specific dates, the petitioner had suffered permanent disability, had been out of service, and the material facts causing hardship were not effectively denied. The Court also relied on the principle that restoration should not be refused where justice can be met by imposing appropriate terms.

Conclusion: The delay was condoned and the claim petition was restored, with the period between 21.11.1995 and the date of restoration excluded for the purpose of interest computation.

Ratio Decidendi: In motor accident claim matters, a court may adopt a justice-oriented approach and condone even substantial delay in restoration where refusal would defeat the beneficial object of the statute, particularly when appropriate terms can safeguard the opposing party's interests.

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