PRETHIVI RAJ RAI Vs. SECRETARY, SIKKIM NATIONALIZED TRANSPORT DEPARTMENT
LAWS(SIK)-2021-4-15
HIGH COURT OF SIKKIM
Decided on April 23,2021

Prethivi Raj Rai Appellant
VERSUS
Secretary, Sikkim Nationalized Transport Department Respondents

JUDGEMENT

BHASKAR RAJ PRADHAN,J. - (1.) It transpires that on 17.08.2017 an accident occurred when a Sikkim Nationalised Transport bus plying from Gangtok carrying passengers tumbled 250 feet below the road due to which the appellant and others sustained injuries. The appellant therefore, preferred a claim petition under Section 166 of the Motor Vehicles Act, 1988 on 23.06.2020.
(2.) On 08.09.2020 the appellant filed a petition seeking condonation of delay under Section 5 of the Limitation Act, 1963. The Claims Tribunal dismissed the application vide impugned order dated 11.11.2020 holding that sub-section (3) of section 166 was enforced on 09.08.2019 and that the appellant had not shown sufficient cause to condone the delay in filing the petition. The appellant is aggrieved by the impugned order dated 11.11.2020 passed by the Claims Tribunal and has therefore, preferred this appeal under section 173 of the Motor Vehicles Act, 1988.
(3.) Heard Mr. B.K. Gupta, learned Legal Aid Counsel for the appellant, Mr. Sudesh Joshi, learned Additional Advocate General for the respondent no.1 and Ms. Phurba Diki Sherpa, learned counsel for the respondent no.2.;


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