Judgment :- 1. The question arising for consideration in the Original Petition is whether an application filed under S.110A of the Motor Vehicles Act, 1939 read with R.3 of the Motor Accidents Claims Tribunals Rules, 1977 should be accompanied by a separate petition for condonation of delay, in case the said claim petition was filed out of time. 2. R.3 of the Kerala Motor Accidents Claims Tribunals Rules, 1977 (for short'The Rules') provides that an application under S.110A of the Motor Vehicles Act shall be filed in the Form, prescribed in that regard. Clause.26 of the Form is in these terms: "Where the application is not made within six months of the occurrence of the accident, the cause thereof." That means, if the petition is filed out of time, Clause.26 of the Form should contain the reasons for the delay in filing the petition 3. On a perusal of the documents produced before this Court, particularly Ext. P1, it is seen that the petitioner has given the cause for the delay in filing the petition within the stipulated period. 4. The Tribunal however rejected the application aforesaid by order dated 15-6-1985. The relevant portion thereof reads: "This Tribunal as well as the Ernakulam Tribunal have been following the practice of filing an application for condoning delay, if any, along with the main petition for compensation. The rule empowers on the Tribunals to follow its own procedure in the trial of the petitions. For the efficient trial of these petitions a separate application for condoning the delay caused in filing the application is necessary Therefore the present petition which is prima facie barred by limitation cannot be entertained without a separate application for condoning the delay caused in filing the O. P." 5. When the law prescribes the procedure to initiate certain proceedings before Forums exercising judicial or quasi-judicial functions, then the said authorities as also the parties who may go before them for relief, are bound by the said procedure. Here R.3 of the Rules provides that an application under S.110A of the Motor Vehicles Act, 1939 shall be filed in the Form appended thereto. As already stated the petitioner, in Clause.26 of the Form has given the cause which disabled him from filing the application within the stipulated time.
Here R.3 of the Rules provides that an application under S.110A of the Motor Vehicles Act, 1939 shall be filed in the Form appended thereto. As already stated the petitioner, in Clause.26 of the Form has given the cause which disabled him from filing the application within the stipulated time. The law thus enables an applicant to file the application under S.110A without filing a separate petition for condonation of delay, in case the application was filed out of time. The only requirement that is insisted upon is that the petitioner should give the reasons for condoning the delay, in the application itself. 6. The application of the petitioner for compensation therefore was filed in accordance with law and therefore the Claims Tribunal should have entertained the application as if the same is accompanied by a petition for condonation of delay. 7. For the reasons stated above, the prayers in the Original Petition require to be granted. I accordingly allow the petition and direct the respondent to entertain Ext. P1 claim petition and dispose of the prayer for condoning the delay in filing the petition under S.110A of the Motor Vehicles Act, 1939 in accordance with law. The Original Petition is disposed of as above. Issue carbon copy of the judgment on usual terms. Allowed.