The New India Insurance Co. Ltd. v. Smt. Savita Laxman Kharade And ANR.

44.1596.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1596/2019 in First Appeal (ST) No.35249/2018 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Aarti Taware I/b. Milind V. More for the Applicant CORAM: K.K.TATED, J.

DATED : SEPTEMBER 6, 2019 P.C.

Heard. The learned counsel for the Applicant submits that both the Respondents are duly served by private notice. She has filed Affidavit of Service dated 25.07.2019. In spite of service, none appeared for the Respondent.

This Application is for condonation of 74 days delay in preferring the appeal challenging the judgment and award dated 03.02.2018 passed by the MACT, Karad in MACP No.184/2011 holding that the Respondent-Claimant is entitled to sum of Rs.4,62,000/- by way of compensation with interest @ 6% p.a.

Basavraj G. Patil 1/2

44.1596.19-caf.odt Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

Delay in filing the First Appeal is condoned.

b.

The Civil Application stands disposed of accordingly.

c.

No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2