Bhartibehn Madhubhai Shah v. Deepa Belani W/O.R.C. Belani Died Thro. L.Rs. Ramchandra C. Belani And ORS.

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO. 1461 OF 2015 IN FAST/12921/2014 BHARTIBEHN MADHUBHAI SHAH

VERSUS

DEEPA BELANI W/O.R.C. BELANI DIED THRO. L.RS. RAMCHANDRA C. BELANI AND ORS.

WITH 34 CIVIL APPLICATION NO. 1462 OF 2015 IN FAST/12919/2014 KIRANBHAI TEJPAL SHAH

VERSUS

DEEPA BELANI DIED THR. L.RS. RAMCHANDRA C. BELANI ANDOTHERS ...

Advocate for Applicants : Mr. Barlota S. Ambar Advocate for Respondent No.2 : Mr. Atul B. Gatne Advocate for Respondent No.4 : Mr. S.G.

Chapalgaonkar ...

CORAM : P.R. BORA, J.

DATED : 03rd SEPTEMBER, 2018.

PER COURT:- .

Heard Shri Barlota, learned counsel for the applicants and Shri Atul B. Gatne appearing for respondent no.2-The National Insurance Company Limited and Shri S.G. Chapalgaonkar appearing for respondent no.4.

2.

In filing these appeals, the delay of 1165 days has occurred. The reasons for delay are

(2) explained in para-3 of each of the application. The learned counsel submitted that the delay is unintentional and for bonafide reasons. The learned counsel further submitted that the applicants will not claim the interest of the period of delay, in the event of success of their appeals.

3.

The learned counsel appearing for the respondent no.2- The National Insurance Company Limited has opposed for condoning the delay stating that the reasons that are assigned are insufficient to condone the delay. However after having considered the submissions, I deem it appropriate to pass the following order:

ORDER

(i) The Civil Applications are allowed.

(ii) The delay caused in filing the appeals is condoned.

(iii) It is clarified that in the event of success of appeals, appellants in both the appeals shall not be entitled for any interest of the period of delay on the enhanced amount of

(3) compensation.

(iv) Both the civil applications are disposed of. (v) Copy of the present order be kept in the papers of first appeals.

(P.R. BORA, J.) Mujaheed//