ASHABAI DATTATRAYA KARAMBELKAR Vs. RAMKUMARIBAI GUPTA

JUDGEMENT

(1.) This revision application by one Ashabai widow of Dattatraya Karambelkar is directed against the order dated 7th April 1979, passed by the President; Motor Accidents Claims Tribunal, Nagpur, rejecting Ashabai's application for Condonation of delay in the filing of her Claim Case No. 12 of 1978 before the said Tribunal and which case related to compensation consequent upon the accident that took place on 9th April, 1977 resulting in the death of her husband, the late Dattatraya.

(2.) On 9th April, 1977 Ashabai's husband Dattatray, who was a Government pensioner aged about 65 years old, was going on a bicycle. A motor vehicle, namely, a truck bearing Fo MHG 3815, belonging to respondent No. 1 herein, dashed against Dattatraya and his bicycle, as a result whereof, Dattatraya fell down, suffered an accident and died on the same day at about 6.30 in the evening His widow, the present petitioner-Ashabai, thereupon filed the instant case for compensation in the sum of Rs. l0,000/- from respondent No. 1, the owner of the truck, as also respondent No 2, the insurance company. There being dealy in the filing of the said case, the petitioner prayed for condonation thereof. The Tribunal having rejected the said prayer, the petitioner Ashabai, has hence, approached this Court by the present revision application.

(3.) In support of this petition, I have heard Mr. P. A. Halve, the learned advocate for the petitioner. Respondent No. 1, the owner of the truck, though duly served, has not chosen to appear either personally or through Advocate of this Court. Respondent No. 2, the insurance company appears through its learned advocate Mr. G. S. Padhye.