Sachin Babu Nagpure v. Waseem Akram Shaikh Hamid And ORS
2024:BHC-AUG:9650 17-CA-13521-2018.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 13521 OF 2018 IN FAST/32338/2018 SACHIN BABU NAGPURE
VERSUS
WASEEM AKRAM SHAIKH HAMID AND ORS ....
Mr. A. C. Darandale, Advocate for applicant Mr. S. S. Patil, Advocate for respondent No.2 Mr. N. C. Garud, Advocate for respondent No.3 Mr. Swapnil Lohiya, Advocate h/f Mr. R. F. Totla, Advocate for respondent No.4 ....
CORAM : Y. G. KHOBRAGADE, J.
DATE : 06 MAY 2024 PER COURT :- 1.
Heard the learned Counsel appearing for the respective parties at length.
2.
None appeared for the non-applicant No.1 though duly served with notice.
3.
The applicant - original claimant prays for condonation of delay of 167 days caused while lodging the appeal
(( 2 )) 17-CA-13521-2018 against the judgment and award dated 17.01.2018, passed by the learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 24 of 2015. The learned Counsel appearing for the applicant submits that due to paucity of funds as well as due to ill health of the applicant, he could not file the appeal within the period of limitation and the delay of 167 days caused, which is bona-fide and substantial.
4.
Per contra, the learned Counsel appearing for the nonapplicant Nos. 2 to 4 strongly opposed the application on the ground that the paucity of funds is not a bona-fide and substantial ground to condone the delay of 167 days, hence prayed for rejection of the application.
5.
It is submitted that the provisions of Section 166 and 173 of the Motor Vehicles Act, are in social beneficiary nature. In the case in hand, the claimant intends to file appeal challenging the judgment and award dated 17.01.2018 passed by the learned Member, M.A.C.T. Ahmednagar in M.A.C.P. No.24 of 2015, whereby meagre amount of compensation has been granted and as such, due to ill health of the claimant and financial crises, he could not file appeal within the
(( 3 )) 17-CA-13521-2018 period of limitation, which appears to be bona-fide and substantial. Therefore, I am inclined to grant the application and proceed to pass following order:-
O R D E R
(i) The civil application is allowed.
(ii) The delay of 167 days caused in filing appeal is hereby condoned.
(iii) Office to register the first appeal and place it before the Court on 13.06.2024.
[ Y. G. KHOBRAGADE, J. ] SMS