Parbhabai Yeshwantrao Borde And ANR v. New India Assurance Company Ltd Thr Its Divisional Manager Aurangabad And ORS

1037 ca1768.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1037 CIVIL APPLICATION NO. 1768 OF 2017 IN FAST/643/2017 PARBHABAI YESHWANTRAO BORD AND ANR

VERSUS

NEW INDIA ASSURANCE COMPAN LTD THR ITS DIVISIONAL MANAGER AURANGABAD AND ORS ...

Advocate for Applicants : Mr. Jadhav Dipak S. Advocate for Respondent No.1 : Mr. S.R. Bodade Advocate for Respondent No.2 : Mr. H.A. Bajaj h/f Mr. A.S. Bajaj .....

CORAM : V. K. JADHAV, J.

DATED : 23rd JUNE, 2017 PER COURT:- 1.

Heard learned counsel for the applicants and learned counsel for respondent Nos. 1 and 2.

2.

Learned counsel for the applicants submits that the applicant No.1 is widowed mother and suffering from old aged diseases and she also undergone the surgery. To that effect, the learned counsel has produced on record the discharge card.

3.

Learned counsel for the respondent-driver has also strongly resisted the application on the ground that the present applicants are not original claimants before the Tribunal and applicant No.1 is widowed mother and applicant No.2 is sister of deceased, who met

1037 ca1768.17 -2with an accidental death. Learned counsel submits that the Tribunal has allowed entire claim and as such, there is no reason to prefer appeal.

4.

In view of above submissions and considering the fact that the applicant No.1 is widowed mother and entirely dependent upon the income of her deceased son, delay of 325 days caused in filing first appeal is hereby condoned. Civil application is allowed and disposed of accordingly.

5.

In first appeal, heard. Notice to the respondents, returnable on 07.08.2017.

6.

Respective learned counsel waives notice for respondent No.1 insurer and respondent No.2. Call for record and proceedings. ( V. K. JADHAV, J.) rlj/