Vimalbai Raosaheb Bhujang And Others v. Maharashtra State Road Transport Corporation Thr Its Divisional Controller, Aurangabad

-:(1):- 12364 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CIVIL APPLICATION NO. 12364 OF 2015 IN FAST/17757/2015 VIMALBAI RAOSAHEB BHUJANG AND OTHERS

VERSUS

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR ITS DIVISIONAL CONTROLLER, AURAN ...

Advocate for Applicants : Mr. N. A. Matkar, Advocate h/f Mr. Gore Ravindra Vitthal Advocate for Respondent : Mrs. Reddy Ranjana D. *** CORAM: T. V. NALAWADE, J.

DATED:

8th JANUARY, 2016.

PER COURT:

1.

The application is filed for condonation of delay of 2826 days caused in filing appeal against the judgment and Award of claim petition. The original claimants were minor at the relevant time. The original claim wants to challenge the quantum. Learned counsel for the Respondent, the owner, has strong objection. She submitted that there is heavy delay and unnecessarily there will be liability to pay interest if the enhancement is

-:(2):- 12364 granted. In view of this, learned counsel for the Applicants made a statement that the claimants will give undertaking that they will not claim interest in respect of the 2826 days, the delay period. The copy of Award shows that some issues of the deceased like Kum. Ashwani and Dhaneshwar were minor at that time and other two members of the family of the deceased were ladies and they were widows. In view of this circumstance, this Court holds that there is sufficient cause shown. The application is allowed. Delay is condoned subject to condition that the interest is not to be paid for the period of 2826 days. In those terms the application is disposed of.

[T. V. NALAWADE, J.] Dt.08/01/2016.

ans/12364