Manikrao Bhagwanrao Jadhav Died Thr Lrs Laxman Manikrao Jadhav And Another v. The State Of Maharashtra And Another

2025:BHC-AUG:7609-DB (1) 911 CA 2931.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 2931 OF 2025 IN WP/1907/2022 Manikrao Bhagwanrao Jadhav Died Thr Lrs Laxman Manikrao Jadhav And Another

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicants : Mr. Manoj Dharmaraj Shinde AGP for Respondent/State : Adv. R. R. Tandale Advocate for Respondent No.2 : Mr. Navin S. Shah h/f Mr. R.D. Dhat ...

CORAM : S. G. MEHARE AND SANDIPKUMAR C. MORE , JJ.

DATED : MARCH 13, 2025 ORDER:- 1.

Heard the learned counsel for the petitioners. 2.

Issue notice to the respondents. Learned AGP waives service of notice for respondent No.1. Learned counsel Mr. Navin S. Shah holding for Mr. R. H. Dahat waives service for respondent No.2. 3.

The applicant/petitioner has been died during the period of Covid-19 pandemic on 25.12.2021. The deceased petitioner was an agriculturist claiming the 'Farmers Personal Accident' benefit under the 'Farmers Personal Accident Insurance Scheme" 2005. The delay has been caused, but it appears not deliberate. Large number of petitions were pending before this Court, hence counsel for the petitioner could not take steps for bringing legal heirs of the petitioner. The proposed

(2) 911 CA 2931.25.odt legal heirs have the inherent rights in the claim of the deceased petitioner.

4.

The learned counsel for respondent No.2 has vehemently opposed the application, contending that the delay is not properly explained. The case is deliberately protracted. 5.

We have gone through the papers, and reasons for the delay. We are satisfied with the reasons. To protect the interest of deceased agriculturist, we have to take a liberal view to condone the delay. Hence, the following order

ORDER

(i) The Civil Application is allowed.

(ii) The delay caused in bringing legal heirs of deceased petitioner stands condoned.

(iii) The proposed legal heirs of the deceased be petitioner brought on record by carrying out necessary amendment within two weeks from today.

(SANDIPKUMAR C. MORE) (S. G. MEHARE) JUDGE JUDGE Y.S.K.