Rekhabai Deelip Patil And Others v. The Reliance General Insurance Co. And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 964 CIVIL APPLICATION NO. 16939 OF 2015 IN FAST/14190/2015 REKHABAI DEELIP PATIL AND OTHERS

VERSUS

THE RELIANCE GENERAL INSURANCE CO. AND ANOTHER ...

Advocate for Applicants : Mr Sangeet L.v.

Mr S G Chapalgaonkar advocate for respondent-insurer ...

CORAM : V.K. JADHAV, J.

Dated: June 16, 2017 ...

PER COURT :- 1.

Heard both sides.

2.

The learned Counsel for the applicant/original claimant submits that due to financial constraint, appeal could not be preferred within a period of limitation. 3.

Learned Counsel for the respondent/Insurer has strongly resisted the application on the ground that delay has not been explained satisfactorily.

3.

Considering the submissions made on behalf of the applicants, and considering the fact that, bread winner of the family met with an accidental death, delay of 430 days caused in filing First Appeal is hereby condoned. Civil Application is allowed accordingly and disposed of. 4.

In appeal, issue notice to respondents, returnable on 28/07/2017. Learned Counsel waives notice for respondent No.1.

5.

Call record and proceedings.

( V.K. JADHAV, J. ) ...

aaa/-