The New India Assurance Company Limited v. Kumari Laxmi Udayraj Yadav (Minor) Through Natural Gaurdian/Father Mr.Udayraj Sitaram Yadav) And Or

17caf1845.doc ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1845 OF 2016 IN FIRST APPEAL ST.NO.30741 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.D.R.Mahadik for the Applicant CORAM :K.K.TATED,J.

DATE : AUGUST 27, 2019 P.C.:

Heard learned Counsel for the Applicant.

By this Civil Application, Applicant Insurance Company is seeking condonation of 544 days delay in filing First Appeal challenging the judgment and award dated 31.1.2014 passed by the MACT, Mumbai in MACP No.

1327 of 2007.

The learned counsel for the applicant submits that before filing the First Appeal on behalf of the Insurance Company, they have to take approval from the several departments, hence, delay in filing the First

17caf1845.doc Appeal. He submits that in the interest of justice, matter may be heard on its own merits.

It is to be noted that though the impugned Judgment and Award was passed on 31.1.2014, the applicant filed application for certified copy on 3.8.3015. There is no explanation in the Civil Application why the applicant took more than one year for applying the certified copy of the impugned Judgment and Award. Apart from the fact that the certified copy was delivered to the applicant on 28.9.2015, the present First Appeal was filed on 22nd October 2015.

Thus, the applicant failed to explain inordinate delay in filing the First Appeal.

Hence, following order is passed:

a) Civil Application No.1845 of 2016 stands rejected.

(K.K.TATED,J.)