Smt. Narayani Wd/O Kamalnayan Gokhare And Others v. M/S Lloyds Metals And Energy Ltd., Ghugus, Chandrapur And Another

30-caf-317-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 317 OF 2021 IN FIRST APPEAL STAMP NO. 2334 OF 2021 Narayani Gokhare and others Vs. M/s Lloyds Metal and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms. S.P. Girtkar, Advocate for the applicants Mr. M.P. Khajanchi, Advocate for non-applicant No.1 Mr. Ashish W. Paunikar, Advocate for non-applicant No.2 CORAM : V.M.DESHPANDE, J.

DATE :

16th DECEMBER, 2021.

Heard Smt. Giratkar, learned counsel for the applicants, who are the original claimants and the legal representatives of deceased Kamalnarayan Namdevrao Gokhare, who lost his life in vehicular accident. The claimants filed a Claim Petition before the Tribunal. The Tribunal vide judgment and Award dated 20/07/2019 partly allowed the claim. The claimants felt that inadequate compensation was granted to them, therefore, they preferred appeal before this Court. However, there is delay of 464 days in preferring the appeal.

2.

Notices on this application were issued by this Court (Coram : Anuja Prabhudesai, J.) on 15/02/2021. Notices are served upon the nonapplicants. For non-applicant No.1 - M/s Lloyds Metals & Energy Ltd. Shri M.P. Khajanchi, learned

30-caf-317-2021.odt counsel appeared, whereas for non-applicant No.2 - The Branch Manager, The New India Assurance Co., Chandrapur Shri A.W. Paunikar appeared. Through the non-applicants are served long back, as on today, no reply is filed by any of the non-applicants. Shri Khajanchi, learned counsel graciously submitted that he has no objection for allowing the application, however, Shri Paunikar, learned counsel for the insurance company submits that he has a formal objection for allowing this application.

3.

The application for condonation of delay is on affidavit. The reasons are stated as to why they occurred delay. The statement of facts made on affidavit have remained uncontroverted. In view of the said and in view of the submissions that the nonapplicant - insurance company has only formal objection, the present application is allowed. Delay stands condoned.

4.

Office is directed to register the appeal.

5.

Application is disposed of.

JUDGE MP Deshpande P DESHPANDE 17:08