BHAGYAMMA Vs. SANDEEP CRANE AND TRAILER SERVICE

JUDGEMENT

(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.