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Bombay High CourtCA/13260/2016admittedallowedgrantedrule absolute

Reliance General Insurance Co. v. Mankarnabai Sundar Sangale And ORS

2017-11-15Hon'Ble Shri Justice K. K. Sonawane2 pages

1 11 CA-13260-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13260 OF 2016 IN FAST/27824/2016 RELIANCE GENERAL INSURANCE CO.

VERSUS

MANKARNABAI SUNDAR SANGALE AND OTHERS ...

Advocate for Applicant : Mr. R. H. Dahat, Mr. S. S. Patil. ...

CORAM : K.K. SONAWANE, J.

DATED : 15TH NOVEMBER, 2017.

Order :- Heard learned counsel for applicant- Insurance Company. When the matter is called out, none appears for respondents. Perused the application.

2.

This is an application for condonation of 191 days delay for filing First Appeal against impugned Judgment and Award passed by learned Motor Accident Claims Tribunal, Basmath, in Motor Accident Claim Petition No. 71 of 2009 dated 24-11-2015. 3.

According to learned counsel for applicant- Insurance Company, the so called delay was not intentional or deliberate, but it was caused due to official process. The matter pertains to the compensation arising out of vehicular accident. Therefore, requested to condone the delay.

4.

As referred supra, none appears for respondents. In view of the attending circumstances and reasons mentioned in application, I do not find any impediment to condone the delay. Hence, application deserves to be allowed. Accordingly, civil application stands allowed in terms of prayer clause (B). The delay of 191 days caused for filing First Appeal is hereby condoned. Registry to take requisite steps for further process.

2 11 CA-13260-16 5.

After registration of appeal, issue notice to the respondents.

6.

Meanwhile, call for record and proceedings from the concerned Tribunal. List the matter for final hearing at the stage of admission in due course.

[ K. K. SONAWANE ] JUDGE rrd.