Rupali Kiran Rathod And ORS v. Seema Kishor Palandurkar And ANR

(1) 35- CA-13974-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO. 13974 OF 2021 IN FAST/25387/2021 RUPALI KIRAN RATHOD AND ORS ....Applicants

VERSUS

SEEMA KISHOR PALANDURKAR AND ANR .....Respondents .....

Advocate for Applicant : Mr. M. M. Bhokarikar Advocate for Respondent No.1 : Mr. N. S. Salunke h/f Mr. A. T. Jadhavar Advocate for Respondent No.2 : Mr. Anand Dale h/f' Mr. S. S. Rathi ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 03 FEBRUARY , 2025 1.

Heard rival submissions.

2.

The applicants/claimants, who have filed this appeal for enhancement of compensation, are claiming condonation of delay of 722 days in filing the appeal.

3.

Though the learned counsel for Insurance Company as well as owner of offending vehicle strongly opposed the application on the ground that the delay is inordinate, but considering the statutory right of the applicants/claimants the application is allowed in terms of prayer clause (B) subject to cost of Rs. 1000/-(Rupees One thousand only) to be paid to the Registry of this Court for utilization of High Court

(2) 35- CA-13974-2021.odt Dispensary.

4.

It is made clear that the applicants/claimants shall not claim any interest for the aforesaid period of delay on the enhancement amount of compensation, if granted. Application stands disposed of.

5.

Appeal be registered after removal of all the office objections and deposit of cost.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni