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Bombay High CourtCA/3713/2020delay condonatedrejected

Ganesh Dadasaheb Dange v. M.D. Vrl Logistics Ltd And ANR

2022-02-23Hon'Ble Shri Justice Vinay Joshi2 pages

923ca3713.20

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO.3713 OF 2020 IN FAST/14912/2019 GANESH DADASAHEB DANGE

VERSUS

M.D. VRL LOGISTICS LTD AND ANR ...

Advocate for Applicant : Mr.Darandale Abhijit C. Advocate for Respondent No. 2 : Mr.Rathi Swapnil S. ...

CORAM : VINAY JOSHI, J.

DATE : 23rd FEBRUARY 2022.

PER COURT :

1.

Heard.

2.

None appears for respondent No. 1, though served. 3.

Mr. S.S. Rathi, learned counsel appears for respondent No.2.

4.

This is an application seeking for condonation of delay of 179 days caused in filing appeal for enhancement of compensation amount. It was injury claim, wherein, the applicant himself sustained severe bodily injuries. It is canvassed that due to paucity of funds the applicant was not in a position to prefer the appeal within the stipulated period.

923ca3713.20 5.

The learned counsel for the insurance company resisted this application. Having regard to the nature of the proceedings and the principle of "just compensation", delay which is not the above 6 to 7 months can be condoned. In view of that the application stands allowed. Delay caused in filing appeal is hereby condoned. 6.

Office to verify and register the appeal.

( VINAY JOSHI, J. ) mahajansb/