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Bombay High CourtCAF/2762/2019

Reliance General Insurance Company Limited Thr. Its Corporate Office v. Mr. Ramakant Madhukar Thakur And ANR.

2019-08-21Hon'Ble Shri Justice K.K. Tated2 pages

60.2762.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2762/2019 with First Appeal (ST) No.11128/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Rahul Mehta I/b. KMC Legal Venture for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 21, 2019 P.C.

Heard.

This Application is for condonation of 1 year and 210 days delay in preferring the appeal challenging the judgment and award dated 26.04.2017 passed by the MACT Raigad in MACP No.165/2014 holding that the Respondent-Claimants are entitled to sum of Rs.15000/- by way of compensation including compensation awarded u/s.140 of the Motor Vehicles Act, 1988.

The learned counsel for the Applicant submits that before filing the First Appeal they have to take approval from several Departments. Hence, there Basavraj G. Patil 1/2

60.2762.19-caf.odt is delay. He submits that they have good chance of success in the matter. He submits that in the interest of justice, this Hon'ble Court be pleased to condone the delay and matter be heard on merits.

It is to be noted that the Tribunal, vide the impugned judgment and award awarded sum of Rs.15000/- by way of compensation. Apart from that there is no explanation for inordinate delay of 1 year and 210 days delay in filing the First Appeal. The reasons given by the Applicant in the Civil Application that they have to take approval from several Departments, cannot be a ground of condonation of inordinate delay in filing the First Appeal.

Hence, following order is passed:

a.

Civil Application stands rejected.

b.

In view thereof, registration of the First Appeal stands rejected.

(K.K.TATED, J.) Basavraj G. Patil 2/2