Shobha Balaji Kesale And ORS v. Brijesh Shriram Ahirwal And ORS

(1) 59-ca-804-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 804 OF 2021 IN FAST/15612/2020 SHOBHA BALAJI KESALE AND ORS

VERSUS

BRIJESH SHRIRAM AHIRWAL AND ORS ...

Mr. Laxman Kawale h/f Mr. Manoj D. Shinde, Advocate for Applicants.

Mr. A. S. Usmanpurkar, Advocate for Respondent No.6. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 12th FEBRUARY, 2024.

PER COURT:- 1.

The applicants seek to condone the delay of 206 days caused in filing the First Appeal against the award dated 09.05.2019 passed by the Motor Accident Claims Tribunal, Latur. 2.

None appears for respondent nos.1 to 5.

3.

The learned Advocate appearing for the applicants invites attention of this Court to the reasons as given in paragraph nos.3 to 5 of the application to justify the delay caused in filing First Appeal.

4.

The learned Advocate appearing for respondent no.6 submits that the reasons are not adequate to condone the delay of 206 days.

5.

Having considered submissions advanced and reasons as stated in paragraph nos.4 and 5 of the application and the fact that the applicants are seeking enhancement of compensation

(2) 59-ca-804-2021.odt arising out of proceeding under Motor Vehicle Act, case is made out for condonation of delay. Hence, following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 206 days caused in filing the First Appeal is hereby condoned.

c.

First Appeal be registered.

d.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/February-2024