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Bombay High CourtCA/3624/2025admittedallowedgrantedrule absolute

Vishwasrao Daulat Torawane v. Vikram Ragho Deore And ORS

2025-04-04Hon'Ble Shri Justice Rohit W. Joshi1 pages

923 CA NO. 3624 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 3624 OF 2025 IN FA/4013/2023 VISHWASRAO DAULAT TORAWANE

VERSUS

VIKRAM RAGHO DEORE AND ORS.

...

Mr. Bhamre Manish V, Advocate For Applicant Mr. M. K. Goyanka, Advocate for Respondent No. 3 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

4th APRIL, 2025 ORDER :

1.

The present application is filed under Order V Rule 20 of the Civil Procedure Code, 1908 seeking permission to serve respondent No. 2 by paper publication.

2.

The appeal is filed under Section 173 of the Motor Vehicles Act by the original claimant. The respondent No. 2 is owner of the offending vehicle. The learned Tribunal has fastened liability for making payment of compensation jointly and severally on the owner, driver and the Insurance Company. The appeal is only for enhancement of compensation.

3.

In the application for condonation of delay also non-applicant No. 2/owner was served through newspaper publication. 4.

In that view of the matter, civil application is allowed. 5.

Applicant is permitted to serve respondent No. 2 by newspaper publication in Daily Punyanagri at Dahanu.

6.

Notice is made returnable on 04.07.2025.

[ROHIT W. JOSHI, J.] ks_kamble