LAWS(GAU)-2003-12-56

DIRECTOR GENERAL OF POLICE NAGALAND KOHMA Vs. HAUJIYIMCHUNGER

Decided On December 02, 2003
DIRECTOR GENERAL OF POLICE, NAGALAND, KOHMA Appellant
V/S
HAUJIYIMCHUNGER Respondents

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the petitioners and Mr. B.N. Sarmah learned counsel for the respondents.

(2.) These petitions are taken together as it relates to common order dated 19.12.2002 passed by the MACT, Dimapur and the same question of facts and law are involved.

(3.) In these petitions under Article 227 of the Constitution of India read with Sections 115/ 151 of the Code of Civil Procedure the order dated 19.12.02 passed by the learned member, MACT, Dimapur in MAC. Case No. 152&153/2002 is assailed. On 17.12.86 a truck bearing registration No. NIP-1555 belonging to 6th Bn. NAP, Tizit met with an accident. In the said accident the son and the husband respectively of the claimants/respondents late Throngsu Yimchunger (No. 66783) and Zungkum Yimchunger (No. 60793) died while they was on duty as a constable of the 6th Bn. NAP Tizit. The claimants; respondents did not file any claim petition before the Tribunal for the death. However, on 26.8.02 claim petitions were filed before the tribunal at Dimapur which were registered as MAC Case Nos. 152 & 153 of 2002. Along with the claim petitions the claimants have also filed petitions for condonation of delay in filing the claim petitions after a lapse of about 18 years.