BAJUBHAI DEVRAJBHAI MAJIRANA Vs. TARANBHAI RANCHODBHAI BRAHMAN

JUDGEMENT

(1.) By way of this application under Sec. 5 of the Limitation Act, 1963, the applicants have prayed for condonation of delay of 291 days caused in preferring the appeal.

(2.) The learned advocate for the applicants submits that since the applicants were under grief because of death of minor daughter and that, initially the claim petition was filed under Sec. 163A of the Motor Vehicles Act, 1988 (MV Act), which was then converted into one under Sec. 166 and only after receiving the compensation amount, could make arrangements for the Court fees and the otherexpenses, as they had no sufficient means to meet with the expenses as they are hailing from agricultural labour class, which led to delay in filing the first appeal.

(3.) In the case of Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others, AIR 1987 SC 1353 it has been observed as under: