Shobhabai Bhaurao Rokade And ANR v. Shankar Baburao Yadav And ORS

1 924-CA-16548-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 16548 OF 2016 IN FAST/34065/2016 SHOBHABAI BHAURAO ROKADE AND ANR

VERSUS

SHANKAR BABURAO YADAV AND ORS ...

Advocate for Applicants : Mr. Swapnil Dargad h/f Mr. Mohit R. Deshmukh ...

CORAM : K.K. SONAWANE, J.

DATED : 10TH OCTOBER, 2017.

Order :- 1.

Heard learned counsel for the applicants-original claimants. Despite service of notice none appears for respondent No. 2. The application came to be dismissed against respondents No. 1 and 3 for want of steps. This application pertains to the condonation of delay for filing the appeal against respondent No. 1 - driver, respondent No. 2 owner of the offending vehicle and respondent No. 3 - Insurance Company for enhancement compensation amount arising from the vehicle accident. Admittedly, respondents No. 1 to 3 were held jointly and severally liable to pay the compensation determined by the learned Tribunal. In such circumstances, there is no impediment to deal with application for condonation of delay, even it has been dismissed against respondents No. 1 and 3 driver and Insurer of the offending vehicle. 2.

According to learned counsel for the applicants, the delay caused is not intentional or deliberate, but it caused due to unavoidable

2 924-CA-16548-16 circumstances. The applicants claim compensation for the death of Bhaurao Rokade, who was husband of appellant No. 1 whereas father of appellant No. 2. The deceased Bhaurao Rokade was 59 years old at the relevant time. In view of the attending circumstances and the reasons mentioned in the application, I find it would be justifiable to condone the delay for reasonable opportunity to the applicants to ventilate their grievance before the Appellate Forum for redressal. Hence, application stands allowed in terms of prayer clause "B". The delay caused in filing the appeal against impugned Award is hereby condoned. Registry to take requisite steps for further process. 3.

On registration of appeal, issue notice to respondents, returnable on 28-11-2017.

4.

In addition to regular mode of service, applicants/ appellants to serve notice to respondents privately by any fastest mode as may be permissible in law and file affidavit of service of notice along with tangible proof by returnable date.

5.

Meanwhile, call for record and proceedings from the concerned Reference Court.

Sd/- [ K. K. SONAWANE ] JUDGE mtk.