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Bombay High CourtCA/9439/2019delay condonatedrejected

Varsha Pravin Borkar And ORS v. President Of Youth Vidhava Sanjivani Mahila Bachyat Gut, Nanded And ANR

2021-11-26Hon'Ble Shri Justice R. G. Avachat2 pages

23.ca.9439.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9439 OF 2019 IN FAST/19781/2019 Varsha Pravin Borkar And Ors

Versus

President of Youth Vidhava Sanjivani Mahila Bachyat Gut, Nanded And Anr.

---- Mr.V.B.Dhage, Advo for applicants Mr.M.V.Thorat, Advocate for respondent no.1 Mr.V.N.Upadhye, Advocate for respondent no.2 ---- CORAM : R.G. AVACHAT, J.

DATE : NOVEMBER 26, 2021 ORDER :- Heard.

2.

Learned counsel for the respondent-insurance company and the respondent-owner of vehicle as well strongly object to allow the application.

3.

The applicants herein are the legal representatives of the deceased who died in a motor vehicle accident. The appeal is proposed to be filed for enhancement of compensation. 4.

In the circumstances, the application for delay is allowed in terms of prayer clause (A), provided the applicants shall not be entitled for interest component for the delayed period of 369 days.

23.ca.9439.19 5.

In appeal, issue notice to the respondents. Mr.M.V.Thorat, learned counsel for respondent no.1 and Mr.V.N.Upadhye, learned counsel for respondent no.2, waive notice. Learned counsel for the parties agreed to work out the appeal finally at admission stage.

6.

Call Record and Proceedings. Stand over for six weeks. [R.G. AVACHAT, J.] KBP