The New India Assurance Co. Ltd. Through Mumbai Legal Hub, v. Smt. Jagubai Bapu More And ORS.

Megha 48_caf_830_2018 in fast_30690_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.830 OF 2018 IN FIRST APPEAL (STAMP) NO.30690 OF 2017 The New India Assurance Co. Ltd.

...Applicant

Versus

Smt. Jagubai Bapu More and Ors.

...Respondents

....

Mr. S.S. Jinsiwale for the Applicant.

Mr. Vaibahv R. Gaikwad for Respondent Nos.1 to 4. CORAM : ANIL S. KILOR, J.

DATED: 28th JANUARY, 2022.

P.C.:- 1.

Heard learned counsel appearing for the respective parties. 2.

Mr. Jinsiwale, learned counsel appearing for the Applicant submits that there is a delay of 145 days in filing the First Appeal challenging the judgment and decree dated 24/01/2017 passed by the learned Additional Member, of Motor Accident Claims Tribunal, Satara in M.A.C.P. No.50 of 2014 allowing the claim petition and thereby awarding Rs.13,35,000/- along with interest.

3.

It is submitted that to comply with the administrative 1/2

Megha 48_caf_830_2018 in fast_30690_2017.doc procedure, which needs to be complied with before filing the appeal, time consumed in the said exercise is the cause of delay. 4.

Learned counsel for the Respondent opposes the application and press for dismissal of the same.

5.

After going through the reasons stated in the application for condonation of delay and in view of the fact that there is no reply filed opposing the application or disputing the facts stated in the application, I am of the opinion that 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.) by MEGHA S PARAB Date:

2022.02.01 11:05:40 +0530 MEGHA S PARAB 2/2