GURU CHARAN SAMAL Vs. VIJAYLAXMI DEVI

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act read with Section 173 of M.V. Act, 1988.

(2.) CLAIMANTS who are parents filed an application claiming compensation for death of their only son alleging the same to be in a motor vehicle accident. Claim petition was filed beyond the period of limitation with a petition for condonation of delay. In the petition for condonation of dealy it was stated that on account of resulted shock for death of their only son, claimants lost their balance of mind and could not take any steps. Tribunal has held that the period of delay has not been explained.

(3.) CLAIMANTS should not get premium on their difficulties in respect of which the owner and the insurer are not responsible. Accordingly, in case claim petition is allowed, the compensation amount shall not carry any interest till today. That would sufficiently mitigate prejudice of the owner and the insurer.