1.0 Draft amendment is not presented by the learned advocate for the petitioner though it is served to other side. 2.0 By way of present petition, the petitioner has prayed for direction to pay monetary compensation and group personal accident claim amount as per prevalent policy of respondent for accidental death of her son late Shri Motilal Karunakar.
3.0 Heard learned advocates for the parties. Learned advocate for the petitioner stated that as far as payment of compensation is concerned, the same has been received by the petitioner and therefore, she does not prays for the same. However, the amount of group personal accident SCA/17280/2011 2/3 ORDER claim is not received.
4.0 Mr. Nanavari, learned advocate for the respondent No.4 submitted that the deceased son of the petitioner met with an accident on 06.06.1999 and died on 09.06.2002 and after a period of more than 12 years, the petitioner has claimed the amount of personal accident for which the petitioner should have applied within a period of 30 days from the date of the death of the deceased.
5.0 Considering the submission of learned advocate for the respondent No.4 and Looking to the facts of the case, it would be relevant to refer to a decision of the Apex Court in the case of Shiv Dass v. Union of India & Ors. reported in AIR 2007 S.C. 1330, wherein, the following observations made in Para10 are relevant;
"10. .......If petition is filed beyond a reasonable period say three years normally the Court would reject the same or restrict the relief which could be granted to a reasonable period of about three years. The High Court did not examine whether on merit appellant had a case. If on merits it would have found that there was no scope for interference, it would have dismissed the writ petition on that score alone."
6.0 Considering the facts of the case in the background of the principle laid down in the aforesaid decision, I am of the view that the petition deserves to be dismissed on the ground of delay itself.
dismissed. Notice is discharged. No order as to costs.
(K.S.JHAVERI, J.) niru*