Vaibhav Rajendra Kshirsagar v. Bhausaheb Bapurao Dhawale And ANR

2025:BHC-AUG:26072 964-ca-8016-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8016 OF 2025 IN FAST/19699/2025 Vaibhav Rajendra Kshirsagar

VERSUS

Bhausaheb Bapurao Dhawale And Anr ...

Mr. D. A. Bide, Advocate for Applicant Mr. N. C. Garud, Advocate for Respondent no.1 .....

CORAM : AJIT B. KADETHANKAR.

DATED : 20TH SEPTEMBER, 2025 ORDER :- .

Feeling aggrieved by the judgment and award dated 19.12.2018, passed by the learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No.252 of 2019, the original claimant has filed this appeal seeking enhancement. 2.

Mr. D. A. Bide, learned Advocate for the applicant submits that there is delay of 186 days in lodging the appeal. He says that the delay is not inordinate nor deliberate. He further submits that due to weak financial condition and lack of legal knowledge, he could not approach earlier to the Advocate for filing the appeal. He submits that he has every right to seek enhancement in the compensation which is inadequately granted by the learned Tribunal. With this, Mr. Bide prays to condone the delay and register the First Appeal.

964-ca-8016-2025 3.

Office record shows that notice is issued to the respondent, but has not caused appearance despite having been served as per the office endorsement.

4.

In view of this, I pass following order:

ORDER

a.

Civil Application stands allowed in terms of prayer clause 'B'.

b.

Delay of 186 days caused in filing appeal is hereby condoned.

c.

Appellant/applicant to remove all the office objections, if any, within two weeks from today. d.

Subject to removal of all office objections, Registry to register the appeal.

FIRST APPEAL ST. NO.19699 OF 2025 .

Issue notice to the respondents, returnable on 17.10.2025.

2.

The matter be listed after service of notice is complete. In the meantime, applicant/appellant shall take recourse to the provisions enumerated in Chapter II of the Bombay High Court Appellate Side Rules, corresponding to the stage and requirement of matter.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2025