Bhagwat Bhimrao Edekar v. Mahadev Ramrao Nirude And Others

{1} ca1000.14.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1000 OF 2014 IN FIRST APPEAL ST. NO. 28264 OF 2013 Bhagwat Bhimrao Edekar Applicant

Versus

Mahadev Ramrao Nirude & others Respondents Mr. S.S. Panale, advocate for applicant.

Mr. V.R. Mundada, advocate for respondent no. 3. CORAM : M.S. SONAK, J.

DATE : 31st JANUARY, 2018 PER COURT:

The notices are served upon the respondents. Mr.Mundada, advocate appears for Respondent No.3-Insurance Company.

Taking into consideration the reasons set out in the application, which spell out sufficient cause for condonation of delay of 153 days in instituting the appeal is condoned. Civil Application is disposed of.

(M.S. SONAK) JUDGE adb/ca1000.14

{2} ca1000.14.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL ST. NO. 28264 OF 2013 Bhagwat Bhimrao Edekar Appellant

Versus

Mahadev Ramrao Nirude & others Respondents Mr. S.S. Panale, advocate for appellant.

Mr. V.R. Mundada, advocate for respondent no. 3. CORAM : M.S. SONAK, J.

DATE : 31st JANUARY, 2018 PER COURT:

Heard.

Admit on the following substantial questions of law:- (A) Whether the finding, that there is some doubt as to the occurrence of the accident in view of discrepancy of date, is a finding, which is vitiated by perversity?

(B) Whether in the absence of any dispute that accident has taken place, the Commissioner would have non suited the appellant on the ground of same discrepancy of date of the accident?

(M.S. SONAK) JUDGE adb/ca1000.14