Smt Kavita Wd/O Pramod Dhote, And Another v. Depot Manager, Maharashtra State Road Transport Company, Wardha, And Another

caf959.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.959/2018 IN FIRST APPEAL ST.NO.09/2014 Smt. Kavita wd/o Pramod Dhote and anr. ..vs.. Depot Manager, Maharashtra State Road Transport Company Wardha and anr. ________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. R. Rishi, Advocate for applicants.

Mr. V. G. Wankhade, Advocate for respondent no.1. CORAM : V.M. DESHPANDE, J.

DATED : SEPTEMBER 21, 2018 Heard Mr. Rishi, learned counsel for the applicants.

This is an application for condonation of delay in preferring the appeal. Husband of the applicant no.1 and son of applicant no.2, lost his life in a vehicular accident. The bus involved is owned by non applicant no.1-MSRTC and non applicant no.2 was driving the same, at the relevant time. The learned Member of the Motor Accident Claims Tribunal, Wardha, vide judgment and award dated 16.10.2012 in Motor Accident Claim Petition No.106/2011, partly allowed the claim petition filed by the applicants. Being aggrieved by that, the applicants are before this Court.

Notices on this application were already issued. In pursuance of the same, though the non applicant no.2 is served, nobody is appearing for him. Mr. Wankhade, learned counsel appears for non applicant no.1 and he opposes the application.

caf959.18.odt After hearing learned counsel for the applicants and learned counsel for non applicants and for the reasons stated in the application, the application is allowed. The delay is condoned. Office is directed to register the appeal.

The application is disposed of.

First Appeal Stamp No.9/2014 Heard.

ADMIT. Call for the record and proceedings.

Mr. Wankhade, Advocate waives notice for respondent no.1.

JUDGE kahale