The General Manager, Bombay Electric Supply And Transport Corporation, v. Smt.Kiswarjahan Shakir Hussain Khan And ORS.

RNG 1/2 87-ca.1792.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.1792 OF 2017 in FIRST APPEAL (St) NO.15749 of 2017 The General Manager, BEST Mumbai .. Applicant vs 1.Kiswarjahan Shakir Hussain Khan & ors ..Respondents Mr.Madhukar Kalzunkar with Ms.Chaitali Kandare I/b M/s Navdeep Vora & Asso.for Applicant Ms.Varsha Chavan for Respondents in FA and C.A.1793/2017 and for Applicant in CA No.3834/2017 CORAM : K.K.TATED, J DATE : 25th MARCH, 2019 P.C Heard learned counsel for the parties.

2.

The applicant is seeking condonation of 210 days delay in filing the First Appeal challenging the Judgment and award dated 2.8.2016 passed by the MACT, Mumbai in Claim Application No.2604 of 2012 holding that the respondents/claimants are entitled to a compensation of Rs.22,75,000/- with 9 % p.a. interest p.a. 3.

Considering the submissions made by the learned counsel for the applicant and avermentrs made in the Civil

RNG 2/2 87-ca.1792.17 Application, I am satisfied that the applicant has made out a case for allowing the Civil application. Hence, the following order :

O R D E R

(i) Civil Application is allowed in terms of prayer clause (a) which reads thus :

"(a) the delay of 210 days in filing the above Appeal from the Judgment & Order dated 2.8.2016 passed by the Hon'ble Member,Motor Accident Claims Tribunal, Mumbai be condoned and the above Appeal be heard on merits."

{K.K.TATED, J}