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Bombay High CourtCA/3300/2023admittedallowedgrantedrule absolute

Uma Rajgopal Ladda And ORS v. The New India Assurance Company Ltd Through Its Branch Manager And ORS

2024-08-30Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:20271 998-CA-3300-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3300 OF 2023 IN FAST/5635/2023 Uma Rajgopal Ladda And Ors

VERSUS

The New India Assurance Company Ltd Through Its Branch Manager And Ors *** • Smt. A. J. Mantri h/f Mr. S. S. Dargad, Advocate for the Applicants • Mr. S. R. Bodade, Advocate for Respondent No. 1 ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

1.

Present application is filed by original claimants for condonation of delay in preferring Appeal for enhancement in the amount of compensation. 2.

It is stated that though judgment and award is dated 21.11.2019, Appeal could not be filed immediately as from March, 2020 there was Covid-19 pandemic outbreak. After the Covid-19 pandemic outbreak, still there is delay caused for the reasons stated in the application.

3.

Application is vehemently opposed by the Umesh

998-CA-3300-2023.odt Respondent stating that there is no explanation for the period from March, 2022 till February, 2023.

4.

Considering that the application is by claimants for enhancement of compensation and for the reasons stated in the application, delay of 1087 days stands condoned. Application is allowed.

5.

It is made clear that Applicants would not be entitled to receive interest for the delayed period. This order is subject to removal of office objection within four weeks from today.

(KISHORE C. SANT, J.) Umesh