BHAGYAMMA V. SANDEEP CRANE AND TRAILER SERVICE Point:Delay Condone, Limitation,

2001 ACJ 12

IN THE SUPREME COURT OF INDIA AT NEW DELHI

(Civil Appeal No.4420 of 2000; decided on 7.8.2000)

PRESENT:

MR. JUSTICE K.T. THOMAS

MR. JUSTICE R.P. SETHI

Bhagyamma and others                                              …Appellants

V.

Sandeep Crane & Trailer Service and another           ... Respondents

Important point :

Delay condone- Delay is attributable to laches of the appellants- delay condoned

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JUDGMENT

Thomas & Sethi, JJ.-Leave granted.

Appellants were the claimants for an award of compensation before the Motor Accidents Claims Tribunal, Bangalore in respect of the death of the breadwinner 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.

2. The explanation offered for the delay of 121 days can be seen from the affidavit sworn to by the appellant No.1. 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.

3. 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.

To the above extent this appeal is allowed and High Court will now dispose of the regularised appeal in accordance with law.

Appeal allowed.

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12_2001 Bhagyamma V. Sandeep Crane and Trailer Service and another