Vilas Damodhar Tupe v. Harish Dayaram Mehani And ANR

13330.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO.13330 OF 2017 IN FIRST APPEAL [STAMP] NO.24803 OF 2017 VILAS DAMODHAR TUPE

VERSUS

HARISH DAYARAM MEHANI & ANOTHER ...

Mr.V.S.Bedre, Advocate for the applicant.

...

CORAM : V. K. JADHAV, J.

DATED : 01.09.2021 PER COURT :

1] Heard learned counsel for the applicant.

2] The applicant is the original claimant in MACP No.110 of 2014. There is delay of only 69 days in preferring appeal. The applicant has preferred said claim for having sustained personal injuries in the vehicular accident. Being aggrieved by the Judgment and Award passed by the Tribunal dated 02.02.2014, the applicant has preferred appeal for enhancement of compensation, which is delayed by 69 days. 3] Learned counsel for the applicant submits that the applicant was continuously under medical treatment and therefore he could not file an appeal within a period of limitation.

13330.17CA.odt 4] In view of above and for the reasons stated in the application, the application is allowed in terms of prayer clause-B and same is disposed of accordingly. [V. K. JADHAV, J.] DDC