Sayyad Aman Sayyad Maheboob And And v. Hdfc Ergo General Insurance Co Ltd Throgh The Branch Manager And ANR

*1* 956ca11603o23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11603 OF 2023 IN FAST/25149/2023 SAYYAD AMAN SAYYAD MAHEBOOB AND ANOTHER

VERSUS

HDFC ERGO GENERAL INSURANCE CO LTD THROUGH THE BRANCH MANAGER AND ANR ...

Shri Shaikh Kayyum Najir, Advocate for the Applicants/ Appellants.

...

CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 11th July, 2025 Per Court :- Civil Application No.11603/2023 1.

Heard learned advocate Shri Shaikh Najir for the applicants.

2.

Respondent Nos.1 and 2 though served, nobody appears on their behalf.

3.

This is an application for condonation of delay in filing the appeal under Section 30 of cthe Employees' Compensation Act, 1923, for seeking enhancement of compensation on account of the death of the applicants' son

*2* 956ca11603o23 Sayyad Yasin Sayyad Aman. This application is filed by the parents of the deceased, who are aged about 75 and 70 years. 4.

Learned advocate for the applicants submits that delay occurred because the applicants were not aware about the need of filing the appeal immediately and on account of their advance age, they were not able to take steps for filing the appeal immediately. He submits that delay is unintentional and needs to be condoned in the interest of justice.

5.

Considering the reasons mentioned in the Civil Application and the submissions advanced, delay of 107 days in filing the appeal is condoned. The First Appeal be registered. First Appeal (stamp) No.25149/2023 6.

Learned advocate for the appellants is granted liberty to file on record, the additional substantial questions of law in support of his First Appeal, within three weeks from today.

7.

Stand over to 01.08.2025.

kps ( PRAFULLA S. KHUBALKAR, J.)