Surekha Rajendra Koli And Others v. The National Insurance Company Ltd., Thr Its Div. Manager, Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 925 CIVIL APPLICATION NO.15228 OF 2022 IN X-APLST/21904/2022 SUREKHA RAJENDRA KOLI AND OTHERS

VERSUS

THE NATIONAL INSURANCE COMPANY LTD., THR ITS DIV.

MANAGER, AURANGABAD AND ANOTHER ...

Advocate for Applicants : Mr. Bhokarikar Madhav M. Advocate for Respondent No. 1 : Mr. S. P. Chapalgaonkar Advocate for Respondent No. 2 : Mr. A. I. Deshmukh ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 15.11.2022 PER COURT :

Heard rival submissions. The applicants / claimants are seeking condonation of huge delay of 3138 days in filing the X-Appeal. The learned counsel for the Insurance Company strongly opposed the application since the delay is inordinate in nature. However, the Insurance Company also filed the appeal wherein there appears delay of 105 days. Even otherwise also the applicants / claimants could have filed X-objections in that appeal after the condonationof delay and service of notices.

2.

In view of the above, the delay of 3138 days in X-Appeal stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid period of delay, if the compensation amount is enhanced.

3.

The X-appeal be placed for admission after removal of office objections, if any.

4.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE .....

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