Oriental Insurance Company Limited Thr. Claims Hub M.R.O.2 v. Smt. Sahida Usman Khana And ORS.

Megha 86_caf_1267_2019 in fast_3196_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1267 OF 2019 IN FIRST APPEAL (STAMP) NO.3196 OF 2019 Oriental Insurance Company Ltd.

...Applicant

Versus

Sahida Uman Khan and Ors.

...Respondents

....

Mr. S.S. Dwivedi for the Applicant.

CORAM : ANIL S. KILOR, J.

DATED: 28th JANUARY, 2022.

P.C.:- 1.

Heard Mr. Dwivedi, learned counsel for the Applicant. None present for the Respondents, though served.

2.

Mr. Dwivedi, points out that there is a delay of 84 days in filing the appeal challenging the judgment and award dated 02/05/2018 passed by the learned learned Member, Motor Accident Claim Tribunal, Khed, in M.A.C.P. No.6 of 2015, thereby allowing the claim and granting compensation of Rs.11,55,330/- along with interest at the rate of 6% p.a. 3.

It is submitted that the delay is caused because of the 1/2

Megha 86_caf_1267_2019 in fast_3196_2019.doc administrative procedure, which was required to be followed before filing of the appeal. He further submits that the way in which the award has been passed, it is necessary in this matter to look into the merits of the appeal and therefore the delay in this matter may be condoned. He has submitted that the delay is not intentional but bonafide. 4.

After going through the application, it is revealed that details have been given as regards the procedure followed for administrative approval, obtained for filing the appeal. In absence of any reply opposing the application or disputing the facts stated in the application, I am of the opinion that sufficient cause has been shown in the application for condonation of delay. Accordingly, I pass the following order:

ORDER

(i) The application for condonation of delay is allowed; (ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission.

(ANIL S. KILOR, J.) Digitally signed by MEGHA S PARAB Date:

2022.02.03 15:49:15 +0530 MEGHA S PARAB 2/2