Sambhaji Shivajirao Humbe v. Navnath T Sirsat And ANR

ca10684.12 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10684 OF 2012 IN FAST/23010/2012 SAMBHAJI SHIVAJIRAO HUMBE

VERSUS

NAVNATH T SIRSAT AND ANR ...

Advocate for Applicant : Mr. Undre Vikram S Advocate for Respondents : Mr. V.C. Patil h/f Mr. S.M. Godsay .....

CORAM : V. K. JADHAV, J.

DATED : 29th APRIL, 2016 PER COURT:- 1.

Heard both sides.

2.

Learned counsel for the applicant submits that the applicant is disable person and his right leg is amputated in consequence of injury sustained by him in the accident. He has to take help of other family members for his daily routine. In view of this, he could not approach his counsel to prefer an appeal within limitation, even though the Tribunal has awarded meager amount of compensation. 3.

Learned counsel for the respondent-insurer has strongly resisted the application and submitted that the delay is not properly explained.

ca10684.12 -24.

Considering the disablement sustained by the applicant which is in the form of amputation of his right leg, I am inclined to condone the delay.

5.

In view of the above discussion and for the reasons stated in the application, civil application is allowed in terms of prayer clause "B" and disposed of.

( V. K. JADHAV, J.) rlj/