Apparao Pandurang Suryawanshi (Died) Thr Lrs Kaushabai And ORS v. The State Of Maharashtra And ORS

8- C.A. No. 4002-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4002 OF 2020 IN FIRST APPEAL NO. 8244 OF 2019 APPARAO PANDURANG SURYAWANSHI (DIED) THROUGH LRS KAUSHLUABAI APPARAO SURYAWANSHI AND OTHERS ..APPLICANTS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ..RESPONDENTS ...

Advocate for the Applicants :

Mr. U. B. Bilolikar A.G.P for Respondents/State :

Mr. S. N. Kendre ...

CORAM : VINAY JOSHI, J.

DATE : 14.02.2022.

PER COURT :- This is an application seeking condonation of delay of 704 days caused in fling the First Appeal.

2.

Other side objected to condone the delay.

3.

The applicant's learned counsel has pointed out that in another connected matter having similar facts, this Court has condoned the delay in C.A. No. 10326 of 2021 vide order dated 24.01.2022 and in Civil Application No. 3999 of 2020 vide order dated 03.02.2022.

8- C.A. No. 4002-2020.odt 4.

The applicant is the original claimant who is seeking enhancement of compensation by way of appeal. The applicant has set out a cause for delay in paragraph Nos. 3 and 4 of this application. Precisely, it is contended that due to illiteracy and communication gap, he was not in a position to fle appeal at the earliest. The other side has not pointed out any material to disbelieve the applicant's contention.

5.

Having regard to the reasons stated in the application, the delay stands condoned however, the applicant is not entitled for interest or any other statutory benefts for delayed period. 6.

The application stands disposed of.

7.

Office to verify and register the appeal.

( VINAY JOSHI ) JUDGE ysk