Kamalbai W/O Rukmaji Konde And ORS v. Rajesh S/O Om Giri And ANR

{1} ca8643.22.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8643 OF 2022 IN FIRST APPEAL ST. NO. 11835 OF 2022 Kamalbai w/o Rukmaji Konde and others Applicants

Versus

Rajesh s/o Om Giri & another Respondents Mr. S. D. Tekwad, advocate for the Applicants Mr. S. S. Patil, advocate with Mr. R. H. Dahat, advocate for Respondent No.2.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 04th January, 2023.

PC :

Heard rival submissions.

The applicant-claimants are seeking condonation of delay of 828 days which appears to be caused due to their financial crisis.

The learned Counsel for the Respondent No.2Insurance Company strongly opposed the application on the ground that the delay is not properly explained. The Respondent No.1-owner, though served, but

{2} ca8643.22.odt remained absent.

As such, considering the statutory right of the applicants delay of 828 days stands condoned subject to the condition that the applicants shall not claim any interest for the aforesaid period of delay on the enhanced compensation, if granted.

The appeal be placed for admission after removal of office objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb