Shriram General Insurance Co. Ltd., Pune v. Sharada Vishnu Fad And ORS

967-CA-13030-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13030 OF 2017 IN FAST/33715/2017 SHRIRAM GENERAL INSURANCE CO. LTD., PUNE AND ANOTHER

VERSUS

SHARADA VISHNU FAD AND OTHERS ...

Advocate for Applicants : Mr. Vinayak Narayan Upadhye Advocate for Respondents No.1 to 5 : Bagal Suraj R. ...

CORAM :

ANIL S. KILOR, J.

DATE : 8th APRIL, 2021 PER COURT :- 1.

This application is filed by applicant-Insurance Company for condonation of delay.

2.

Heard learned counsel for respective parties. 3.

Learned counsel for the applicant points out that to file the appeal challenging legality and validity of Judgment and Award dated 24-03-2017 passed by the learned Member, Motor Accident Claims Tribunal, Parbhani in MACP No. 314 of 2012, the delay of 75 days is caused. He has stated that the reasons for causing delay have been given in the application and delay is bonafide and not intentional. He further submits that delay is not inordinate, therefore, if delay is condoned, no prejudice would be caused to the non applicants.

967-CA-13030-17.odt 4.

Mr. Bagul, learned counsel for respondents No. 1 to 5-original claimants though has not filed any reply opposing the application, orally opposed the application.

5.

In the above stated backdrop and in view of the reasons stated in the application, which are satisfactory and justifiable for condonation of delay and as the learned counsel for the nonapplicants-original claimants has no serious opposition, I am of the opinion that, it would be appropriate to condone the delay 6.

In that view of the matter, the civil application for condonation of delay is allowed. The delay of 75 days caused to file an appeal is hereby condoned.

7.

The office is directed to register the first appeal and place the same before the Court in admission category.

8.

The civil application is allowed and disposed of accordingly. ( ANIL S. KILOR ) JUDGE mtk