National Insurance Company Ltd. v. Shri. Bhalchandra Laxman Pingle And ANR.

Megha 67_caf_3271_2019 in fast_20751_2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3271 OF 2019 IN FIRST APPEAL (STAMP) NO.20751 OF 2019 National Insurance Co. Ltd.

...Applicant/Appellant

Versus

Bhalchandra Laxman Pingle and Anr.

...Respondents

....

Mr. Harshada M. Rane for the Applicant.

CORAM : ANIL S. KILOR, J.

DATED: 24th JANUARY, 2022.

P.C.:- 1.

Heard learned counsel for the Applicant. None for the Respondents, though served.

2.

It is pointed out that there is a delay of 37 days in filing the first appeal challenging the impugned judgment and award dated 19/09/2018 passed by the learned Additional Member, Motor Accident by MEGHA S PARAB Date:

2022.01.28 16:05:46 +0530 MEGHA S PARAB Claims Tribunal, Thane, in Claim Petition No.84 of 2006 granting compensation to the tune of Rs.11,26,078/- along with interest at the rate of 7.5% p.a.

1/2

Megha 67_caf_3271_2019 in fast_20751_2019.doc 3.

Learned counsel for the Applicant has drawn attention of this Court to the reasons stated in the application, which show that to complete the necessary formalities at the Department level of the Applicant-Insurance Company, the time which was consumed, is the reason for causing delay.

4.

After going through the reasons stated in the application and in view of the fact that though the Respondents are served, no replyaffidavit has been filed on record disputing the facts stated in the application for condonation of delay, in my opinion sufficient cause has been shown by the Applicant for condonation of delay. Accordingly, I pass the following order:-

ORDER

(i) The application for condonation of delay is allowed; (ii) The delay caused in filing First Appeal is condoned. The office is requested to register the First Appeal and place the same before the Court for admission.

(ANIL S. KILOR, J.) Digitally signed by MEGHA S PARAB Date:

2022.01.28 16:02:55 +0530 MEGHA S PARAB 2/2