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2021 Supreme(Sikk) 20

BHASKAR RAJ PRADHAN
Prethivi Raj Rai, S/o late Krishna Bahadur Rai – Appellant
Versus
Secretary, Sikkim Nationalized Transport Department, Government of Sikkim, Gangtok, East Sikkim – Respondent


Advocates Appeared:
For the Appellant : Mr. B. K. Gupta, Legal Aid Counsel
For the Respondent:Mr. Sudesh Joshi, Additional Advocate General. Mr. Yadev Sharma, Government Advocate Ms. Phurba Diki Sherpa

ORDER :

Bhaskar Raj Pradhan, J

1. It transpires that on 17.08.2017 an accident occurred when a Sikkim Nationalised Transport bus plying from Gangtok carrying passengers tumbled 250 feet below the road due to which the appellant and others sustained injuries. The appellant therefore, preferred a claim petition under Section 166 of the Motor Vehicles Act, 1988 on 23.06.2020.

2. On 08.09.2020 the appellant filed a petition seeking condonation of delay under Section 5 of the Limitation Act, 1963. The Claims Tribunal dismissed the application vide impugned order dated 11.11.2020 holding that sub-section (3) of section 166 was enforced on 09.08.2019 and that the appellant had not shown sufficient cause to condone the delay in filing the petition. The appellant is aggrieved by the impugned order dated 11.11.2020 passed by the Claims Tribunal and has therefore, preferred this appeal under section 173 of the Motor Vehicles Act, 1988.

3. Heard Mr. B.K. Gupta, learned Legal Aid Counsel for the appellant, Mr. Sudesh Joshi, learned Additional Advocate General for the respondent no.1 and Ms. Phurba Diki Sherpa, learned counsel for the respondent no.2.

4. It appears that the appellant had filed th

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