The New India Assurance Co. Ltd.Thr. Mumbai Regional Office-I v. Mr. Sagar Baban Nikam And ANR.

1 116.381.17 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 381 OF 2017 IN FIRST APPEAL (ST) NO. 10321 OF 2016 The New India Assurance Co. Ltd. Thr.

.....Applicant Mumbai Regional Office-I V/s.

Mr. Sagar Baban Nikam and another .....Respondents Mr. Sandeep Jinsiwale for the applicant Mr. Pritesh Bohade for the respondents CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard learned counsel for the parties.

Though respondent no. 2 duly served, no one appeared on behalf of him when the matter is called out.

By this Civil Application, applicant is seeking condonation of 62 days delay in filing First Appeal challenging the Judgment and

2 116.381.17 caf.doc Award dated 28/08/2015 passed by Ld. Motor Accident Claims Tribunal at Nashik in MACP No. 523 of 2009.

The learned counsel for respondent no. 1 submits that they do not have any objection, if the delay is condoned. Considering the submissions made by the learned counsel for the applicant, the averments made in the Civil Application and as the Advocate for the original claimant have no objection, I am satisfied that applicant has made out a case for allowing the Civil Application. Hence, following order:

(I) Delay of 62 days in filing First Appeal is condoned.

(II) Civil Application stands disposed of.

(III) No order as to costs.

[K. K. TATED, J.]