MUNICIPAL CORPORATION Vs. SANTOSH KUMATR
HIGH COURT OF RAJASTHAN
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(1.) The matter comes up on an application under Section 5 of the Limitation Act in death case under fatal accident claim filed after delay of 160 days.
(2.) Learned counsel for the appellant vehemently submitted that the delay in filing the appeal is justified, as due to Lok Sabha elections, the concerned officer of Municipal Corporation was busy, and thus, the decision to file the appeal could not be taken in time.
(3.) Learned counsel for the appellant submitted that an FIR in the present case was lodged and in that, the negative final report was submitted while indicating that no negligence is there on the part of Municipal Corporation. It is also contended that deceased Deepak Kalra had fallen into the pit on the middle of the road due to his own negligence, because there was a small boundary on the hole / pit on the road, and that, sufficient measures were taken by the Municipal Corporation to indicate the existence of the hole / pit.;
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