Iffco Tokiyo General Insurance Company v. Shri.Vaibhav Vasnat Rananaware And ORS.

P.H. Jayani 07 CAF3769.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3769 OF 2017 IN FIRST APPEAL (ST.) NO. 27671 OF 2017 Ifco Tokiyo General Insurance Co.

....Applicant V/s.

Vaibhav Vasant Rananaware & Ors.

....Respondents Mr. N.V. Bhutekar for the applicant in CAF 3769/2017 and for the appellant in FAST 27671/2017 and for respondent no1 in CAFST 2414/18.

Mr. J.J. Bardeskar for R.No.1 and for the applicant in CAFST 2414/2018.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 27th FEBRUARY, 2019.

P.C.:

.

By this application, the applicant has sought to condone the delay of 149 days in filing the appeal.

2.

Mr. N.V. Bhutekar, learned counsel for the appellant submits that the appellant has not raised any statutory defence and that the challenge is only on the ground of contributory negligence and quantum of compensation. Hence, notice to respondent nos.2 and 3 is dispensed with. The learned counsel for the appellant submits that there is a typographical error in paragraph 8(a) wherein the number of days is stated to 149 days instead of 49 days. She seeks leave to 1/2

P.H. Jayani 07 CAF3769.17.doc amend. Leave is granted. Amendment to be carried out forthwith. 3.

In view of the reasons stated in paragraph 4 of the application, which in my considered view, constitute sufficient ground, delay is condoned. Appeal be registered, after office objections, if any, are removed.

4.

Civil Application stands disposed of accordingly. (SMT. ANUJA PRABHUDESSAI, J.) 2/2