The New India Assurance Co Ltd v. Chandabai Ashok Verma And ANR

21 caf2306-12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2306 OF 2012 IN FIRST APPEAL (ST) NO.13847 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.D.S.Joshi for the applicant Mr.S.P.Thorat for the respondent no.2

CORAM

: K.K.TATED, J.

DATED : 18/03/2015 PC:

Heard the learned counsel for the parties.

Though respondent no.1 is duly served, no one appeared on behalf of her when the matter was called out.

This application is preferred by Insurance Company for condonation of 165 days delay in filing First Appeal challenging the award dated 21.07.2011 passed by MACT, Pune below Exhibit 5 i.e. Application under section 140 of the Motor Vehicles Act in MACP No.750 of 2010.

The learned counsel for the respondent no.2 vehemently opposed the present Civil Application. He submits that applicant has not shown sufficient Mohite 1/2

21 caf2306-12.doc cause for condonation of delay.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Delay of 165 days delay in filing First Appeal is condoned.

b) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2