Chhayabai Prakash Shelke And Others v. United India Insurance Company Ltd. And Another

1 23-ca11896-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11896 OF 2014 IN FAST/29450/2014 CHHAYABAI PRAKASH SHELKE AND OTHERS

VERSUS

UNITED INDIA INSURANCE COMPANY LTD. AND ANOTHER -- Mr.S.S.Deshmukh, advocate for applicants None for respondents -- CORAM : M.T. JOSHI, J.

DATE : FEBRUARY 17, 2015 PER COURT :

Heard learned counsel for the applicants. None present for the respondents.

2] Delay of 1449 days caused in filing the first appeal for enhancement in the compensation granted by the Motor Accident Claims Tribunal, is sought to be condoned by the applicants.

3] It is submitted by the applicants that the sole bread winner in the family has died in the

2 23-ca11896-14.odt accident. Due to ignorance, there was certain delay in approaching the advocate. Further, the applicants were unaware about passing of the award.

4] In my view, sufficient reasons are made out.

5] The application is allowed.

Delay is condoned, on condition that in case, any enhancement in the compensation amount is granted in the appeal, the applicants would not be entitled for the interest for the delayed period. [M.T. JOSHI, J.] kbp