Sarika Arjun Takale And ORS v. Icici Lombard General Insurance Co. Ltd., Thr Its Manager, Aurangabad And ANR

906 ca.8916.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 8916 OF 2017 IN FAST/20681/2017 SARIKA ARJUN TAKALE AND ORS

VERSUS

ICICI LOMBARD GENERAL INSURANCE CO. LTD. AND ANOTHER ...

Advocate for Applicants : Mr. Abhijit C. Darandale. Advocate for Respondent No.1 : Mr. Rohit H. Dhat. Advocate for Respondent No.2 : Mr. Suhas B. Ghute. ...

CORAM :

V. K. JADHAV, J.

DATE :

06th July, 2017.

P.C.:

.

Heard both the sides.

The learned counsel for the Applicants submits that the breadwinner of the family met with an accidental death and the Applicants being totally depending upon the income of deceased Arjun, could not prefer the appeal within the period of limitation due to financial constraint. The learned counsel submits that even against the same judgment and award passed by the Tribunal, the Respondent / Appellant preferred an appeal bearing First Appeal No.832 of 2017, which is pending before this Court for consideration. Both the counsel have not resisted the application seeking condonation of delay.

906 ca.8916.17.odt In view of the submissions made on behalf of the Applicants and for the reasons stated in the application, the delay of 383 days caused in filing the appeal is hereby condoned. Civil application allowed and accordingly disposed of.

In appeal, heard. Issue notice to the Respondents, returnable on 13th July, 2017. The learned counsel appearing for Respondent No.1 / Insurer and the learned counsel appearing for Respondent No.2 waive the service of notice.

This appeal be tagged alongwith First Appeal No.832 of 2017. Stand over to 13th July, 2017.

[ V. K. JADHAV, J. ] ndm