Reliance General Insurance Company Limited v. Smt. Karuna Kishor Chavan And ORS

Megha 41_CAF_4140_2017 IN FAST_28460_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4140 OF 2017 IN FIRST APPEAL (STAMP) NO.28460 OF 2017 Reliance General Insurance Co.

Ltd.

...Applicant

Versus

Karuna Kishor Chavan 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 18 days in filing the appeal challenging the judgment and award dated 12/05/2017 passed in Motor Accident Claim Tribunal, Thane, in M.A.C.T. Application No.398 of 2011, thereby allowing the claim and granting compensation of Rs.50,25,000/-.

1/2

Megha 41_CAF_4140_2017 IN FAST_28460_2017.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.) by MEGHA S PARAB Date:

2022.02.02 12:41:19 +0530 MEGHA S PARAB 2/2