Raghunath Vitthal Patil (Died) Thr His Lrs Vijaysingh And ORS v. The State Of Maharashtra And ORS

1091-ca-14083-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1091 CIVIL APPLICATION NO.14083 OF 2018 IN FAST/6991/2018 RAGHUNATH VITTHAL PATIL (DIED)THR HIS LRS VIJAYSHINGH AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : L.R. Thakur h/f Mr. Patil Laxmikant C. AGP for Respondent Nos.1 and 2 : Mr. R.B.Bagul ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 5th JULY 2019 ORDER :

1.

Present application has been filed for getting the delay of 1244 days condoned in filing First Appeal.

2.

The applicant is original claimant who intends to challenge the award passed by the reference Court on the ground of quantum. He has contended that he being illiterate persons was not having sufficient knowledge about the legal proceedings. Though the application has been strongly opposed by respondent Nos.1 and 2 through learned AGP on the ground that the delay is huge and inordinate and has not been explained on day to day basis.

3.

Taking into consideration the fact that the applicant is illiterate person, liberal approach is taken, delay is condoned.

1091-ca-14083-18.doc 4.

Civil Application stands allowed and disposed of accordingly.

5.

Registry to verify and register the First Appeal and place it for further consideration on 09-12-2019.

6.

Applicant is not entitled to get interest on the amount of compensation enhanced, if any, at the time of disposal of the First Appeal.

( Smt. Vibha Kankanwadi, J. ) Shubham/