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Bombay High CourtCA/9867/2024admittedallowedgrantedrule absolute

Suman W/O Kondba Khokle And ORS v. Mohd. Mobin S/O Mohd. Ibrahim Bagwan And ANR

2024-12-06Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 41-CA-9867-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 9867 OF 2024 IN FAST/24459/2024 Suman W/o Kondba Khokle And Ors

VERSUS

Mohd. Mobin S/o Mohd. Ibrahim Bagwan And Anr ...

Mr. S. V. Bhopi i/by Mr. V. B. Dhage, Advocate for Applicant. Mr. S. V. Kulkarni for Respondent No. 2.

CORAM : KISHORE C. SANT, J.

DATE : 6th DECEMBER 2024 PC :- 1.

Heard.

2.

This application is filed by original claimant in Motor Accident Claim Petition No.178/2020, for enhancement of the amount of compensation.

3.

Application is vehemently opposed by the learned Advocate Mr.Kulkarni appearing for Respondent No.2.

4.

For the reasons stated in the application, application is allowed. Delay of 535 days stands condoned subject to condition that the

( 2 ) 41-CA-9867-2024 applicant shall file specific undertaking/affidavit that the applicant shall not be entitled to claim any interest for the delayed period in case, the appeal is allowed and amount is enhanced.

5.

Office to register first appeal.

6.

Application stands disposed off.

[KISHORE C. SANT, J.] Ethape