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SUPREME COURT OF INDIA
BHAGYAMMA
Vs.
Sandeep Crane and Trailer Serve
Decided on August 7, 2000
Delay Condonation - Motor Accidents Claims Tribunal - The court condoned the delay in filing the appeal before the High Court, considering the circumstances of the case and the fact that the bereaved widow was unable to file the appeal within the time limit due to the death of her husband.
Fact of the Case:
The appellants sought compensation before the Motor Accidents Claims Tribunal for the death of the bread-winner of their family. Their appeal before the High Court was dismissed due to being out of time, and they moved an application for condoning the delay of 121 days.
Finding of the Court:
The court found that the delay in filing the appeal could be attributed to the laches of the appellants, but also considered the fact that the bereaved widow was unable to file the appeal within the time limit due to the death of her husband. The court therefore condoned the delay and allowed the application for condoning of delay in filing the appeal before the High Court.
Issues: The main issue was the delay in filing the appeal before the High Court and whether it should be condoned.
Ratio Decidendi: The court decided to condone the delay in filing the appeal based on the circumstances of the case and the inability of the bereaved widow to file the appeal within the time limit.
Final Decision: The court allowed the appeal to condone the delay and directed the High Court to dispose of the regularized appeal in accordance with the law.
( 1 ) LEAVE granted.
( 2 ) APPELLANTS were the claimants for an award of compensation before the Motor Accidents Claims Tribunal, Bangalore in respect of the death of the bread-winner of their family. As they were not satisfied with the amount awarded by the Tribunal, they filed an appeal before the High Court. But the appeal was out of time and hence they moved an application for condoning the delay of 121 days. The High Court dismissed the said application as the explanation was not found satisfactory. Accordingly, the appeal itself was rejected by the impugned order.
( 3 ) THE explanation offered for the delay of 121 days can be seen from the affidavit sworn to by the first appellant. In a way, it could be said that the delay is attributable to the laches of the appellants. Nonetheless, we cannot shut our eyes over the fact that it is the bereaved widow of the victim who was unable to file the appeal within the time limit and, therefore, a little amount of laches can be condoned by the court particularly when she was agitating for compensation in respect of the death of her husband. We do not view for laches so seriously as to deprive her of a chance to file the appeal.
( 4 ) IN the circumstances of this case, we condone the delay and allow the application for condoning of delay in filing the appeal before the High Court. As the appeal has been regularised, the same has to be disposed of in accordance with law.
( 5 ) TO the above extent this appeal is allowed and High Court will now dispose of the regularised appeal in accordance with law.
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