Meerabai Raichand Dhage And ORS v. Balu Shahurao Gaat And ORS

1039-ca-1023-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1039 CIVIL APPLICATION NO.1023 OF 2019 IN FAST/37880/2018 MEERABAI RAICHAND DHAGE AN ORS

VERSUS

BALU SHAHURAO GAAT AND ORS ...

Advocate for Applicants : Mr. Deshmukh Mohit R. Advocate for Respondent Nos.1 & 2 : Mr. V.P. Sawant ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 26th JULY 2019 ORDER :

.

Learned Advocate Mr. V.P. Sawant submits that he has instructions to appear for respondent Nos.1 and 2. He may file his Vakalatnama on or before 09.08.2019.

2.

Present application has been filed for getting the delay of 210 days condoned in filing first appeal. The applicants are the original claimants. They want to challenge the judgment and award passed by the learned Member Motor Accident Claims Tribunal, Beed for enhancement. Taking into consideration the fact that the claim petition was a death claim and the present applicants are the legal heirs of the deceased i.e. widow mother and minor children, lenient view is taken. Though the strong objection has been raised by respondent Nos.1 and 2

1039-ca-1023-19.doc on the ground that the delay has not been properly explained, yet the delay is condoned for the reasons stated in the application. 3.

Civil Application stands allowed and disposed of accordingly.

4.

Registry to verify and register the first appeal and place it for further consideration on 03.10.2019.

( Smt. Vibha Kankanwadi, J. ) Shubham/