Balaji Baburao Tadme And ANR v. Sanjay Sambhaji Nilapalie And ORS

1 C.A. 9840.2016 in F.A. St. 13052.2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 9840 OF 2016 IN FIRST APPEAL NO. 13052 OF 2010 IN RC/1360/2010 BALAJI BABURAO TADME & ANR.

VERSUS

SANJAY SAMBHAJI NILAPALIE & ORS.

......

Mr. N.D.Kendre, Advocate for Applicants.

Mr. S.V.Gunale, Advocate for R - 1 & 2.

Mr. M.S.Patil h/r Mr. D.P.Deshpande, Advocate for R - 3.

......

CORAM : K.K.SONAWANE, J.

DATE : 28th JUNE, 2018 ......

ORAL ORDER :

1.

Heard the learned counsel for the parties. Perused the application.

2.

The matter pertains to the condonation of 199 days delay in filing First Appeal against the impugned Judgment and Award passed by the Motor Accident Claims Tribunal, Udgir Camp at Ahmedpur in M.A.C.P. No. 64/2008. In view of the reasons mentioned in the application and the nature of the subject matter being a petition for compensation arising from vehicular accident in regard to the death of family members of the applicants, there is no impediment to condone the delay.

3.

Accordingly, the application stands allowed in terms of prayer clause 'B'. The delay caused in filing First Appeal is condoned. Registry to take requisite steps for further process.

2 C.A. 9840.2016 in F.A. St. 13052.2010 4.

On registration of Appeal, issue notice to the respondents. Mr. S.V.Gunale, learned counsel waives service of notice for respondent Nos. 1 and 2 and Mr. M.S.Patil holding for Mr. D.P.Deshpande, learned counsel waives service of notice for respondent No. 3. Call record and proceedings from the concerned Tribunal.

5.

After due compliance of the formalities, list the Appeal for admission.

[K.K.SONAWANE] JUDGE KNP/C.A. 9840.2016 in F.A. St. 13052.2010