A.K.SIKRI,J. - (1.) Leave granted.
(2.) The appellants herein are the legal heirs of one Gautam Mazumdar (hereinafter referred to as the 'deceased') who died on 06.05.2007 in a road accident allegedly due to rash and negligent driving of goods carriage vehicle, when, according to the appellants, the said goods carriage vehicle bearing No. W.B.41/8002 plying on G.T. Road towards Durgapur to Asansol came from behind with high speed without headlights and ran over Gautam Mazumdar, a pedestrian, and fled away from the place of accident rather than helping the injured. The victim died on the spot due to the said accident. The vehicle was insured by respondent No. 3 -New India Assurance Company Limited. The appellants herein (who are the widow and minor daughter of the deceased) filed the claim for compensation because of the demise of Gautam Mazumdar in the said accident before the Motor Accidents Claims Tribunal, City Civil Court, Calcutta (hereinafter referred to as 'MACT'). MACT went ahead with the trial and recorded the evidence of the parties. However, ultimately vide its orders dated 18.06.2009, MACT held that Kolkata Court did not have territorial jurisdiction to entertain the same and returned the said petition filed by the appellants for presentation thereof, in the Court of law competent to decide the said claim. The appellants filed review petition against that order which was also dismissed vide orders dated 10.04.2013.
(3.) Challenging this order, the appellants filed petition under Article 227 of the Constitution in the High Court of Calcutta which has been dismissed by the High Court on the ground of delays and laches stating that though MACT had dismissed the review petition of the appellants vide orders dated 10.04.2013, revisional application challenging that order was filed only on 03.03.2015 after a delay of almost 2 years. Challenging that order, the present special leave petition is filed in which we have granted leave as aforesaid.;