Final Order 1

Order Details: Order on Exh.
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ORDER BELOW EXH.1 in Misc. Appli. No.264 of 2025
in MACP No.1308 of 2015
1. The present application has been filed for setting
aside the dismissal order dated 25.03.2022 whereby my
learned predecessor dismissed the MACP No.1308 of 2015
for want of prosecution.
2. The prayer is made for the restoration of application
and condonation of delay of 1149 days as well. The separate
application has been filed for the condonation of delay at
Exh.3 which is supported by an affidavit.
3. The order dated 25.03.2022 reflect that Adv. S.
Pardes for the applicant had submitted that the applicant
was not traceable on given address and not in contact with
him. As the matter was old and applicant was not coming
to lead the evidence, and not traceable, my learned
predecessor has dismissed the application.
4. The application for the restoration of the matter has
been filed on 18.06.2025 with prayer to condone the delay
of 1149 days.
5. By the application it is contended that the claim
application No.1305 of 2015 had been filed by the applicant
for the personal injuries sustained by him in the motor
vehicular accident on 16.05.2015. It is further contended
that at the initial stage the applicant was attending the
court. It is also contended that the applicant was working
as a driver as and when it is available on temporary basis
but due to the injuries sustained in the accident, he lost his
job and as there was no source of income, he left the
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Mumbai and went to his native place at Village Kasuri, Tal.
Malkapur, Dist. Buldhana. The applicant used to contact
the advocate till the year 2020. But as there was Covid-19,
the applicant could not contact the advocate to enquire
about the matter. It is further contended that the applicant
was not in position to come to Mumbai due to financial
condition and he was without job. It is further contended
that in the month of Second week of March 2025, his wife
came to Mumbai and made contact with advocate
enquiring about the claim application. At that time the
advocate informed the application had been dismissed on
25.03.2022. The applicant immediately informed the
advocate to take necessary steps to restore the matter and
context on merits. Thereafter Advocate applied for certified
copies which were ready in the month of April 2025 and
after the summer vacation the application for restoration
had been filed.
6. Heard Advocate Mr. Pardes for the applicant and
Mrs. S. R. Virkar for the insurance company. The opposite
party despite of service of the notice, has not appeared in
the matter, hence, application is proceeded ex-parte against
him. Learned advocate for the applicant submitted that the
applicant could not attend the matter due to the financial
condition and spread of Covid-19. He submitted that it was
not expected from anyone to attend the court proceeding as
there was danger to the life by the Covid-19. He further
submitted the reason for delay in filing the application is
that, the applicant had to return to his native place from
the Buldhana District as he lost job due to the injuries
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sustained by him in the accident. He further submitted
that, the applicant is not highly educated person who could
understand the nature and modes of the proceeding. He
further submitted that there would be injustice on the
applicant if the application for the condition of delay and
restoration of main petition is rejected.
7. Learned Adv. Smt. Virkar submitted that, there is
huge delay in filing in restoration application which cannot
be condoned. She further submitted that insurance
company should not be burden with the interest from the
date of application as there is no fault on the part of the
insurance company.
8. The Motor Vehicles Act is a beneficial piece of
legislation which provides the monetary relief to the
victims of the road accident. The claim application rests on
the peculiar footing and it cannot be equated with the other
proceedings under the Civil Law. The reason of the spread
of the Corona Virus/Covid-19 is the reasonable one. The
applicant contended that he had returned to his native
place as he had lost the job due to the injuries sustained by
him in the accident. Though there is a delay of 1149 days in
filing the restoration application, the length of the delay
has no bearing when the applicant has a sufficient cause for
the condonation of the delay.
9. Considering the nature of the proceeding, outbreak of
the Corona Virus and the date of the dismissal order, in my
view the applicant has shown sufficient cause for the delay
which needs to be condoned. At the same time, the
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insurance company should not be burden with the interest
for the period for which it has no fault, therefore, the
following order is passed.
ORDER
1) The application is allowed.
2) The delay in filing the restoration application is hereby
condoned.
3) The MACP No.1308 of 2015 is hereby restored to its
original stage with direction to the applicant that he should
complete his evidence within two months from the date of
this order.
4) If the claim application is allowed, the applicant will not
be entitled for the interest for the period from the date of
dismissal i.e. 25.03.2022 till the date of this order.
(J. A. Pedgaonkar)
Member, C.R. No.6
Date :15.04.2026 MACT, Mumbai.
Uvg
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