(1.) Heard learned advocate Mr. M. I. Mansuri for the applicants and learned advocate Mr. Vibhuti Nanavati for respondent No.3. Rest of the respondents, though served remained absent. Applicants herein are original appellants and claimants before the Motor Accident Claim Tribunal, Dahod in Motor Accident Claim Petition No.323 of 2004 (old No.1512 of 1991). Claim Petition was preferred for claiming compensation because of the death of one Fatiben Babubhai claiming Rs.2,00,000/- towards compensation from the driver, owner and insurer of the truck No. GQB 6734. At present, we are dealing with an application to condone the delay in challenging judgment and award dated 05.07.2006 in such claim petition by the tribunal and, therefore, factual details of accident and its result etc. are not much material to be preproduced and discussed in detail. Such details are well described in impugned judgment and pleadings.
(2.) The opponent Nos.1 and 2 are driver and owner of the vehicle in question whereas opponent No.3 is insurer.
(3.) In general, though law regarding limitaion and more particularly concept of condonation of delay is liberal in favour of the litigant and more particularly victims like present petitioners, however, factual details of present application is not only different but typical in nature and, therefore, it needs to be recorded and scrutinized properly.
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