SANDHYA RANI DEBBARMA & ORS. Vs. THE NATIONAL INSURANCE COMPANY LTD. & ANR.
LAWS(SC)-2016-9-17
SUPREME COURT OF INDIA
Decided on September 16,2016

Sandhya Rani Debbarma And Ors. Appellant
VERSUS
The National Insurance Company Ltd. And Anr. Respondents

JUDGEMENT

V.GOPALA GOWDA, J. - (1.) Leave granted.
(2.) The present appeal has been filed after a delay of 2824 days against the impugned judgment and order dated 17.05.2006 passed by the learned single judge of the High Court of Tripura at Agartala in Writ Petition (C) No. 113 of 2006. The Writ Appeal preferred by the appellants against the same before the Division Bench of the High Court, came to be dismissed as not maintainable vide judgment and order dated 22.08.2013. The appellants herein filed an SLP challenging the same. Vide order dated 05.05.2014, this Court directed the appellants to amend the Special Leave Petition and impugn the judgment and order of the learned single judge as well. Having regard to the fact that the delay was caused only on account of the appellants pursuing the remedy of filing a Writ Appeal before the Division Bench of the High Court, as well as the fact that claim is made under Section 166 of the Motor Vehicles Act, 1988, which is a beneficial legislation, we deem it fit and proper to condone the delay in filing the Special Leave Petition. Hence, delay is condoned.
(3.) The necessary relevant facts required to appreciate the rival legal contentions advanced on behalf of the parties are stated in brief hereunder: On 14.11.2003, the deceased, while travelling in a vehicle (Jeep) bearing No. TR013476 met with an accident at Assam -Agartala Road near Banukumari, at Baramur due to collision with a Bus bearing No. TR01 -1212 coming from opposite direction. He was taken to the nearby Government Hospital namely, GBP Hospital, Agartala where he was declared 'brought dead'. Jirama P.S. Case No. 90 of 2003 was registered on the very same day under Sections 270, 338 and 304A of the Indian Penal Code (hereinafter referred to as "IPC").;


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