Prakash vs Managing Director K. S. R. T. C

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 Supreme(SC) 107

2000(4) Supreme 663
SUPREME COURT OF INDIA
K.T. Thomas & M.B. Shah, JJ.
Prakash & Anr. -Petitioners
versus
Managing Director K.S.R.T.C. & Ors. -Respondents
SLP (C) No. 18234 of 1999
Decided on 13-1-2000
Counsel for the Parties :
For the Petitioners : Through Proxy Counsel Mr. P. Mahale, Advocate.

Headnote:Motor Vehicles Act, 1988-Condonation of delay-Compensation claimed in petition award by Tribunal-Appeal for higher amount of compensation claiming petitioner entitled to ask more amount than claimed in petition-Appeal filed with delay of 416 days-Dismissal as barred by limitation as delay unexplained-SLP-Interference not warranted-Question if petitioner could ask more than compensation claimed in petition in appeal left open. (Paras 2 and 3)

ORDER

This is a case where the petitioners claimed Rs. 1,06,000/- as compensation awardable to them in respect of a motor accident in which brother of the petitioners died. That amount was granted by the Motor Accident Claims Tribunal. Dissatisfied with the amount awarded, petitioners filed an appeal before the High Court but the High Court found that the appeal was barred by limitation and there was no explanation for an inordinate delay of 416 days. Consequently, the appeal was dismissed. It is against the said order that this SLP has been filed.

2. Learned counsel contended that petitioners are entitled to ask more amount than what they claimed in the Motor Accident Claims Tribunal. That question of law is left open.

3. All the same, we are not inclined to interfere with the impugned order which found no adequate reason for condoning the delay of 416 days. The SLP is accordingly dismissed.

(C.R.) SLP dismissed.

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