CHINNATHAI AMMAL AND OTHERS Vs. NGANGBAM IBOTOMBI SINGH AND OTHERS
HIGH COURT OF GAUHATI
Chinnathai Ammal And Others
Ngangbam Ibotombi Singh And Others
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R.S. Bindra,J. -
(1.) One V. Kaunter, a permanent resident of State of Madras, died at Imphal on 18 -5 -1968, having been involved in a bus accident on that date. On 9 -8 -1968 Chinnathai Ammal, the widow of the deceased, and Chellathai and Periyasamy, his two minor sons, filed an application for compensation under Sec. 110 -A of the Motor Vehicles Act, hereinafter called the Act, before the Claims Tribunal, Manipur, presided over by the District Judge, Manipur. Along with the claim application an affidavit was put in by the first applicant, Chinnathai Ammal, praying for condonation of delay in filing the same. It was stated in the affidavit that the information about the death of Kaunter at Imphal reached the applicants in her village in Madras a few days after the tragic occurrence, that some time more was involved in securing the services of a dependable escort to a far off place like Imphal, that she actually reached Imphal on 7 -8 -1968 and that it took her another two days in consulting the counsel and collecting necessary data from the Police before she could make the claim on 9 -8 -1968.
(2.) All the three respondents, the first two being the drivers of the ill -fated bus and the third being Government of Manipur, opposed the prayer of the applicants for condonation of the delay. They pleaded in their respective written statements that no sufficient cause had been made out to support the prayer for condonation.
(3.) The Claims Tribunal agreed with the stand taken by the respondents and on holding that no sufficient cause for condonation of delay of 23 days had been established, rejected the prayer and with that stood dismissed the application for compensation.;
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