Bijanbi Nyajam Shaikh v. Kishor Madhukar Chaudhari And ORS

{1} 24 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 24 CIVIL APPLICATION NO. 2686 OF 2017 IN FAST/3394/2017 BIJANBI NYAJAM SHAIKH

VERSUS

KISHOR MADHUKAR CHAUDHARI AND ORS ...

Advocate for Applicant : Mr. Ravindra B. Narvade Patil Adv. for Respondent 3 : Mr. S.G. Chapalgaonkar CORAM : K.K. SONAWANE, J.

DATE : 8th JUNE , 2018.

PER COURT:

1] Heard learned counsel for the applicant and Mr. Chapalgaonkar, learned counsel for respondent No.3 Insurance company. 2] This is an application for condonation of 10 day's delay caused for filing First Appeal against the impugned Judgment and Award passed by the learned Motor Accident Claims Tribunal in Motor Accident Claim Petition No. 146 of 2014.

3] According to learned counsel for applicant, the so called delay caused for filing first appeal is not intentional or deliberate, but it was caused due to unavoidable circumstances. The matter pertains to the compensation. It has been submitted that, in case delay is not condoned, it will cause injustice and prejudice to the applicant. Therefore, he prayed to condone the delay.

4] Learned counsel for the respondents raised objection and submits that the delay has not been properly explained. 5] In view of the reasons mentioned in application, I do not find any impediment to condone the delay. Hence, application stands allowed

{2} 24 sr.no..odt in terms of prayer clause (B). The delay of 10 days caused for filing First Appeal against impugned Judgment and Order passed by the learned Tribunal in Motor Accident Claim Petition No. 146 of 2014 is hereby condoned. Registry to take requisite steps for further process. 6.

On registration of appeal, issue notice to the respondents. Mr. S.P. Chapalgaonkar, Advocate waives notice for respondent No.3. Call for record and proceedings from the concerned Tribunal. After receipt of R. & P. list the matter for admission in due course. [K.K. SONAWANE] JUDGE.

grt/-