JUDGMENT : Dr. Pushpendra Singh Bhati, J. 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. 4. Learned counsel for the appellant also submitted that the computation of the compensation, as made by the learned court below, is not proper, as the court has not taken into consideration the fact that deceased was an unmarried boy. Learned counsel for the appellant further submitted that the learned court below has applied maximum multipliers, whereas the dependents of the deceased were his parents only and one brother, who is major. It is also submitted that because it is a first appeal, the matter has come up on an application under Section 5 of the Limitation Act, therefore, the limitation may be condoned. 5. After hearing learned counsel for the appellant and perusing the record of the case alongwith the impugned judgment, this Court finds that that issues No. 2 and 5 were framed by the learned court below, in regard thereto, the court below has arrived at a categorical finding that the photographs of the site, which were exhibits 16 to 18 did not indicate any measures taken by the Municipal Corporation to cover the hole/pit in the middle of the busy road, and thus, the negligence of the Municipal Corporation was writ large. 6. 6. This Court also finds that the learned court below has also recorded the finding that exhibits 20 and 21 were photographs which were taken after the accident and at a different point of time the difference between the photographs exhibits 16 to 18 and photographs exhibits 20 and 21 clearly indicated that the so-called pit was got surrounded by a small boundary only after the accident. 7. The learned court below has also taken into account the statement in the newspaper given by the Chairman of the Municipal Corporation, who has categorically stated in the media that she is not in a position to make any comments upon the death of the boy namely Deepak Kalra, but certainly she has already ordered that the pit was required to be surrounded by the boundary wall and appropriate measures be taken to repair the road in question. 8. The death of a 26 years old boy, Deepak Kalra happened on 02.08.2010 arising out of an accident which happened on 30.07.2010, and at that time, at about 10.00 P.M. when he was going on 100 feet road Samudayik Bhawan, Sector 14 from Purana Chungi Naka, Goverdhanvilas on his scooter bearing registration No. RJ 27-5M-2480, road was having a big hole/pit in the middle of the road, and since there was insufficient arrangement to caution him or other passers-by about such hole/pit, therefore, the same had resulted into falling of deceased Deepak Kalra into the hole/pit alongwith his scooter; thereafter, while being treated for the grievous injuries caused to him, he succumbed to the injuries in Maharan Bhupal Government Public Hospital, Udaipur on 02.08.2010. 9. This Court further finds that the learned court below has also recorded the fact that there is no refutal to the core facts of the huge hole in the middle of the road, in which, the 26 years old boy fell alongwith his scooter itself, which shows that the nature of negligence on the part of the Municipal Corporation was extreme. The photographs exhibits 16 to 18 are the best proof, and thus, the same have rightly been taken into account and relied upon by the learned court below. The photographs exhibits 16 to 18 are the best proof, and thus, the same have rightly been taken into account and relied upon by the learned court below. The 100 feet road, which is a main road of the tourist town of the Udaipur, and which is one of the major City and Divisional headquarter of Rajasthan, cannot be permitted to have such negligent administration in the Municipal Corporation, and the same warrants exemplary action. 10. The learned court below is justified to have moved away from the criminal investigation even when the father of the boy has narrated in the court that the protest petition has been filed and necessary steps were taken against the final negative report so submitted in the matter. 11. This Court has also seen the multipliers applied for granting the compensation, and the same, looking into the young age of the deceased and aged parents of the deceased is correct and does not call for any interference on merits. 12. However, the delay which has been tried to be explained on the ground of Lok Sabha elections does not appear to be a just and reasonable cause for condonation of the delay in filing the appeal. Thus, such a delay of 160 days cannot be condoned, for the reasons given, and rather this delay continues to show the casualness on the part of the Municipal Corporation even in taking up the legal matter. This Court would have considered enhancing the compensation due to the extreme negligence of the Municipal Corporation but at this stage, the Court restricts itself to dismiss the present first appeal on the ground of not qualifying the limitation. 13. The present first appeal is accordingly dismissed. All pending applications also stand dismissed.