Divakar Achyut Sarpotdar v. Nandini Nandkumar Postandel And ORS.

33-ia-3400-2021 in fast-16877-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3400 OF 2021 IN FIRST APPEAL (ST) NO. 16877 OF 2021 Divakar Achyut Sarpotdar ...Applicant/ Appellants

Versus

Nandini Nandkumar Postandel & Ors.

...Respondents

---- Mr.Aniket Mokashi i/b Mr.Amit Karkhanis, for the Applicants/Appellants.

Mr.T.J. Mendon, for Respondent Nos.1 to 3.

---- CORAM : S.G. DIGE, J.

by NILAM SANTOSH KAMBLE Date:

2023.01.30 17:09:49 +0530 NILAM SANTOSH KAMBLE DATE : 30 JANUARY 2023 P.C:- .

Heard learned counsel for the Applicant and the learned counsel for the Respondent No.1 to 3-Original Claimant. 2.

The learned counsel for the Applicant submit that the Applicant is the owner of offending vehicle. The Tribunal has directed to pay the compensation jointly and severely. The offending vehicle was insured with Respondent No.4. Though the vehicle was insured with Respondent No.4, liability is fixed by the Tribunal on the Applicant which is illegal and improper. The judgment and order of the Tribunal is impugned before this Court by way of Appeal, due to family problems and financial condition the Applicant could not N.S. Kamble page 1 of 2

33-ia-3400-2021 in fast-16877-2021.doc preferred the Appeal within stipulated period and there is delay to file the Appeal, hence, requested to condone the delay. 3.

The learned counsel for the Respondent strongly objected to condone the delay on the ground that there is more than 4 years delay for filing the Appeal no sufficient reasons are given to condone the delay. Hence, requested to dismiss the Application. 4.

I have heard both the learned counsel. The Applicant is owner of offending vehicle he has challenged the order of Tribunal on the ground that though the offending vehicle was insured the liability is fixed on him. The Insurance Company has also preferred the Appeal, hence it is necessary to condone the delay. Heavy cost would meet the ends of the justice and I pass following order.

ORDER

(i) The Application is allowed.

(ii) The delay of 4 years and 66 days is condoned, subject to payment of cost of Rs.25,000/- to the Respondent No.1 within two weeks.

(iii) The Appeal be registered.

(S.G. DIGE, J.) N.S. Kamble page 2 of 2