Jyoti Ganesh Chavan And ORS v. Amol Rambhau Gite And ANR

6643.23ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 6643 OF 2023 IN FAST/12154/2023 JYOTI GANESH CHAVAN AND ORS

VERSUS

AMOL RAMBHAU GITE AND ANR ....

Mr M. P. Kale, Advocate for applicants Mr A. S. Shinde, Advocate for respondent No.1 Mr S. S. Sarda, Advocate h/f Mr M. R. Deshmukh, Advocate for respondent No.2 CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 4th July, 2025 PER COURT:

1.

Heard learned counsel for the applicants/appellants and learned counsels for respondent Nos.1 and 2.

2.

This is an application for condonation of delay of 130 days in filing the first appeal. The applicants/appellants are the legal representatives of deceased, who had died in the accident. The appellants are claiming enhanced compensation. Learned counsel for the applicants submits that the delay of 130 days is unintentional and it occurred due to illiteracy of the applicants. It is submitted that the bread earner of the family had expired and the delay may be condoned in the interest of justice.

6643.23ca (2) 3.

Advocate Mr Shinde, learned counsel for respondent No.1 and Advocate Mr S. S. Sarda holding for Advocate Deshmukh, learned counsel for respondent No.2, though oppose the delay, however, considering the reasons mentioned in the civil application and the submissions advanced, the delay of 130 days is condoned. The civil application is allowed and disposed of.

4.

First Appeal be registered and be fixed for admission on 30/07/2025.

(PRAFULLA S. KHUBALKAR, J.) sjk