- (1.) Special leave granted.
(2.) Ram Kishan and his wife Prabhawati are the appellants before us. Their son Hem Chand died as a result of accident on 2/03/1974. The boy was run over by bus No. UTB-109 belonging to U. P. State Roadways Transport corporation. It was being driven by one Bhagwat Prasad Misra. The driver was prosecuted under S. 279/304-A Indian Penal Code and was convicted by the court. The appellants filed an application for compensation along with an application for condonation of delay before the Motor Accident Claims tribunal, Jaunpur in the year 1977. By its order dated 4/08/1978 the tribunal rejected the prayer for condonation of delay and dismissed the application as time-barred. The first appeal filed by the appellants before the High court was dismissed on 7/12/1981.
(3.) Appellant Ram Kishan, in support of the application for condonation of delay before the tribunal, stated that his young son having died in the accident, he was deeply bereaved and was not in his senses. He further stated that he did not know the court procedure and as such he consulted one Ram Lakhan Upadhyaya, advocate who advised him that an application for compensation before the Motor Accident Claims tribunal could be filed after the decision in the criminal trial against the accused-driver. The criminal trial concluded on 28/11/1977 and thereafter he filed the application before the Motor accident Claims tribunal in December 1977.;