Case Law Details
Rajesh Chandran Vs M.R. Gopalakrishnan Nair (Kerala High Court)
Held that innocent party should not suffer for the inaction, deliberate omission or misdemeanor of his counsel/ consultant as long as there are no willful latches and negligence on the part of the party.
Facts-
The petitioner is the applicant in the claim petition, filed u/s. 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs.10,00,000/- from the respondents, on account of the injuries sustained to the petitioner in an accident on 16.12.2005.
The claim petition was dismissed on 24.04.2012 for non-prosecution. The petitioner had filed Ext.P2 application, to restore the claim petition, with Ext.P3 application, to condone the delay in filing Ext.P2 application. However, Exts.P2 and P3 applications were dismissed on 10.02.2014. Then, the petitioner filed Exts.P4 to P7 applications to restore Exts.P2 and P3 applications and to condone the delay in filing the subsequent applications.
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