Bharti Axa General Insurance Company Limited, Through Legal Manager Mr. Ashwin Kumar Gawai v. Shri. Vaikuntha Ramnath Sahani And ORS.

Megha 36_caf_4030_2016 in fast_24598_2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4030 OF 2016 IN FIRST APPEAL (STAMP) NO.24598 OF 2016 Bharti AXA General Insurance Company Ltd.

...Applicant

Versus

Vaikuntha Ramnath Sahani and Ors.

...Respondents

....

Mr. Rahul Mehta i/b. M/s. KMC Legal Venture for the Applicant. CORAM : ANIL S. KILOR, J.

DATED: 28th JANUARY, 2022.

P.C.:- 1.

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

2.

Mr. Mehta, points out that there is a delay of 334 days in filing the appeal challenging the judgment and award dated 03/07/2015 passed in Motor Accident Claim Tribunal, Thane, in M.A.C.T. Application No.1009 of 2009, thereby allowing the claim and granting compensation of Rs.7,79,000/-.

1/2 MEGHA S PARAB by MEGHA S PARAB Date:

2022.01.31 18:02:11 +0530

Megha 36_caf_4030_2016 in fast_24598_2016.doc 3.

It is submitted that the delay is caused because of the administrative procedure, which was required to be followed before filing of the appeal. He further submits that the way in which the award has been passed, it is necessary in this matter to look into the merits of the appeal and therefore the delay in this matter may be condoned. He has submitted that the delay is not intentional but bonafide. 4.

After going through the application, it is revealed that details have been given as regards the procedure followed for administrative approval, obtained for filing the appeal. In absence of any reply opposing the application or disputing the facts stated in the application, I am of the opinion that sufficient cause has been shown in the application 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.) 2/2