P.D.DESAI
VASAVA HIRABEN WD/o CHHAGANBHAI RAIJIBHAI – Appellant
Versus
ISHWARBHARTI KARSANBHARTI GAUSWAMI – Respondent
( 1 ) AN unfortunate and illiterate widow belonging to a scheduled tribe whose husband died in a motor vehicle accident has been driven to this Court because her petition claiming compensation has been rejected on the ground that it was barred by limitation and that no sufficient cause for condonation of delay was made out. The circumstances (to be presently mentioned) under which the delay was occasioned speak for themselves and it is somewhat strange and agonising that the second opponent (Gujarat State Road Transport Corporation) should have shown such determined diligence in setting up the plea of limitation under those circumstances against a person like the petitioner.
( 2 ) IN the course of an accident which occurred on November 15 1972 the husband of the petitioner was killed- The vehicle involved in the accident is owned by the second opponent. The petitioner filed a claim petition before the Motor Accident Claims Tribunal Broach on March 17 1973 that is to say well within the period of limitation. It appears that the petitioner had engaged a junior advocate of less than seven years standing to take various preliminary steps in the proceedings and that a sen
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