National Insurance Co Ltd v. Smt Tolanbai Venkati Gangane And ORS

7 caf236-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.236 OF 2014 IN FIRST APPEAL (ST) NO.22016 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Sanjiv Krishnan i/b Ms.Harshada Rane for the applicant Mr.Bharat Gadavi i/b Mr.Tejesh Dande and Associate for the respondent no.3

CORAM

: K.K.TATED, J.

DATED : 17/07/2015 PC:

Heard the learned counsel for the applicant and respondent no.3.

Though respondent nos.1 and 2 are duly served, no one appeared on behalf of them when the matter was called out.

This application is preferred by Insurance Company for condonation of 150 days delay in filing First Appeal challenging the award dated 18.12.2012 passed by Commissioner for Workmen's Compensation and Judge, Labour Court at Mahad in Application (WCA) No.10/B-8 of 2011 holding that the claimants are entitled Rs.4,36,940/- with 12% interest p.a. by way of Mohite 1/2

7 caf236-14.doc compensation.

The learned counsel for respondent no.3 vehemently opposed the present Civil Application. He submits that applicant Insurance Company has not shown sufficient cause for condonation of more than 150 days.

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 150 days in filing First Appeal is condoned.

b) Civil application stands disposed off accordingly.

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