Akshay Vinod @ Vinayak Salve v. The Divisional Mngr, The Oriental Insurance Co. Ltd., Ambar Plaza, Station Rd, Ahmednagar And ORS

1 912-CA-1417-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.1417 OF 2021 IN FIRST APPEAL STAMP NO. 13901 OF 2020 AKSHAY VINOD @ VINAYAK SALVE

VERSUS

THE DIVISIONAL MNGR, THE ORIENTAL INSURANCE CO. LTD.,AMBAR PLAZA, STATION RD, AHMEDNAGAR AND ORS ...

Mr. Sachin S. Kotkar, Advocate for the Applicants Mr. V. N. Upadhye, Advocate for Respondent No.1 Mr. D. R. Jayabhar, Advocate for Respondent No.2 ...

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 8th MARCH, 2022 PER COURT : - 1.

It is an application for condonation of delay moved by the applicant.

2.

Heard Mr. Sachin S. Kotkar, learned counsel for the applicant, Mr. V. N. Upadhye, learned counsel for respondent no.1 and Mr. D. R. Jayabhar, learned counsel for respondent no.2. None present for respondent no.3 though notice is duly served. 3.

Mr. V. N. Upadhye, learned counsel for respondent no.1 and Mr. D. R. Jayabhar, learned counsel for respondent no.2 opposed to condone the delay.

2 912-CA-1417-2021.odt 4.

Mr. Sachin S. Kotkar, learned counsel for the applicant submitted that it is an injury claim. The applicant had sustained multiple injuries in motor vehicle accident. He was taking treatment. He could not prefer the appeal within time due to Covid-19 pandemic situation, which resulted in delay of 166 days. 5.

For the reasons stated in the application for condonation of delay, more particularly paragraphs 4 to 7, the delay needs to be condoned in the interest of justice. Hence, the following order is passed:

ORDER

(a) The civil application is hereby allowed in terms of prayer clauses (A) and (B).

(b) The Registry to make scrutiny of the appeal as per the procedure and thereafter, it be numbered and placed before the Court for admission.

(c) The civil application is accordingly disposed of. (d) Call R & P from the concerned Tribunal.

(SHRIKANT D. KULKARNI, J.) Sameer