← Library
Bombay High CourtCA/12267/2018delay condonatedrejected

Manisha Ajit Adhav And ORS v. Vinod Popat Zuge And ANR

2023-10-16Hon'Ble Shri Justice Kishore C. Sant2 pages

(1) 20ca12267.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO.12267 OF 2018 IN FAST/26687/2018 MANISHA AJIT ADHAV AND ORS

VERSUS

VINOD POPAT ZUGE AND ANR Mr. Rajendra B. Dhakene, Advocate for the applicant Mr. A. B. Gatne, Advocate for the respondent No.2 Mr. M. R. Malpani, Advocate h/f Mr. Vivek Tarde, Advocate for respondent No.1 CORAM : KISHORE C. SANT, J.

DATE: 16th OCTOBER, 2023 P. C.

1.

Heard.

2.

This application is preferred by the original claimants for condonation of delay.

3.

The learned tribunal awarded compensation of Rs.4,54,000/- alongwith interest @ 9% from the date of application till realization. This amount is inclusive of No Fault Liability.

4.

The reasons are assigned that applicant No.1 is the widow of the deceased. Applicant No.2 is the minor. Applicant No.3 happens to be mother of the deceased. Since there was no

(2) 20ca12267.18 one to lookafter the family and the deceased was only the bread earner in the family, the application deserves to be allowed. 5.

Considering that applicant No.1 and 3 are ladies and No.2 is still minor, this court finds that delay needs to be condoned.

6.

Both the advocates for the respondents have opposed the application stating that there is no sufficient ground made out to condone the delay.

7.

However, considering the fact as recorded above and in the interest of justice, the application stands allowed. The delay stands condoned.

8.

Office to register the appeal.

[KISHORE C. SANT, J.] VishalK/20ca12267.18