Damodhar Taterao Akat Died Thr His Lrs Kalidas Damodhar Akhat And Others v. The State Of Maharashtra And Others

(1) ca4395.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO.4395 OF 2016 IN FAST/22683/2015 DAMODHAR TATERAO AKAT DIED THR HIS LRS KALIDAS DAMODHAR AKHAT AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. K. B. Jadhav, Advocate for the applicants Mr. B. V. Virdhe, AGP for the respondent/State Mrs. Kalpana Sonpawale (Kulkarni) h/f Mr. S. P. Sonpawale, Advocate for the respondent No.3 CORAM:VINAY JOSHI, J.

DATE:17-01-2022 P. C.

.

Appearance of Mr. S. R. Bharad, Advocate is discharged.

2.

This is an application seeking condonation of delay of 1920 days caused in filing the first appeal challenging the order and seeking for enhancement of compensation.

3.

The other side has objected to condone the delay by stating that no sufficient cause has been canvassed.

(2) ca4395.16 4.

The learned counsel for the applicants contended that due to age oldness and health reason and on account of illiteracy, the delay has been caused. Particularly, it is submitted that in another proceeding arising out of the same award, the matter was settled in the Lok-Adalat and enhance compensation has been granted.

5.

Considering the nature of litigation and the reasons stated in the application the delay stands condoned with rider that the applicants are not entitled for interest and other benefits for the period of delay which is caused.

6.

The application stands disposed of.

[ VINAY JOSHI, J. ] VishalK/ca4395.16