Dnyanoba Fakira Favade And ANR v. Padminbai Madhukar Kharade And ORS

ca16378.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1014 CIVIL APPLICATION NO. 16378 OF 2016 IN/WITH FAST/34820/2016 DNYANOBA FAKIRA FAVADE ANDANR

VERSUS

PADMINBAI MADHUKAR KHARADEAND ORS ...

Advocate for Applicants : Mr Choudhari Sushant B Advocate for respondent No.3 : Mr Upadhye V.N. CORAM : V.K. JADHAV, J.

DATE : 28th April, 2017 ORAL ORDER Heard the learned counsel for the applicants and the learned counsel for the respondent No. 3 - insurer. None appears for respondent No. 1 and 2 though duly served.

2.

The learned counsel for the applicants submits that due to financial constraints, the applicants could not file the appeal within limitation. Their son/workman met with accidental death and they have not received any amount of compensation and since the Commissioner has exonerated the respondent - insurer from liability to pay the compensation, the applicants have not received any compensation so far.

3.

The learned counsel for the respondent - insurer has strongly resisted the application on the ground that the delay has not been explained satisfactorily.

ca16378.16 (2) 4.

In view of the submissions made on behalf of the applicants and for the reasons stated in the application, the delay of 1145 days caused in filing first appeal is hereby condoned.

5.

Civil Application is allowed and accordingly disposed of. 6.

So far first appeal is concerned, issue notice to respondents, returnable on 01.08.2017.

7.

The learned counsel waives notice for respondent No. 3 - insurer. 8.

Call record and proceedings.

(V.K. JADHAV, J.) amj