Thakubai Ramkishan @ Ram Chavan And ORS v. Sikander Allabaksh Chaparband And ORS

13115.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO.13115 OF 2017 IN FIRST APPEAL [STAMP] NO.5327 OF 2017 ...

THAKUBAI RAMKISHAN @ RAM CHAVAN & OTHERS

VERSUS

SIKANDER ALLABAKSH CHAPARBAND & OTHERS ...

Mr.Fayaz K. Patel, Advocate for the applicants. ...

CORAM : V. K. JADHAV, J.

DATED : 01.09.2021 PER COURT :

1] Heard learned counsel for the applicants. None present for the respondents.

2] The applicants are the original claimants in MACP No.224 of 2013. Applicant no.1 is the widow. Applicant no.2 is the son. Applicant no. 3 is a minor daughter and applicant no. 4 is a minor son. Applicant no.5 is the widow mother of the deceased. Being aggrieved by the judgment and Award passed by the Tribunal, the applicants - original claimants have preferred this Appeal for enhancement of compensation, which is delayed by 103 days.

13115.17CA.odt 3] Learned counsel for the applicants submits that the bread earner of the family met with motor vehicular accident and due to financial constraint, the applicants could not file appeal within a period of limitation.

4] In view of above and for the reasons stated in the application and considering the period of delay, which is only 103 days, Civil Application is allowed in terms of prayer clause -A and same is disposed of accordingly. [V. K. JADHAV, J.] DDC