Smt. Ranjana Wd/O Devendra Sharma And Others v. The National Insurance Co. Ltd., Thr. Divisional Manager, Nagpur And Another

(1) 25.caf.2295.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2295 OF 2021 IN FIRST APPEAL STAMP NO.6362 OF 2020 Smt. Ranjana wd/o Devendra Sharma and others Vs.

The National Insurance Co. Ltd., through its Divisional Manager Nagpur and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Sachin Sambre, Advocate h/f Mr. P. D. Naukarkar, Advocate for the appellants. Mr. A. M. Kukday, Advocate for respondent No.1. CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 24/01/2023 1.

By this application, applicants are seeking condonation of delay of 105 days which is caused in preferring the appeal against the judgment of Commissioner under the Employees Compensation Act and Labour Court, Nagpur in Application No.WCA No.(B) 55 of 2016.

2.

As per the contention of the appellants that as the appellants have no source of income and for want of financial assistance, they could not approach to the counsel for preferring the appeal within time, hence delay of 105 days is caused. 3.

Said application is opposed by the respondent - Insurance Company on the ground that no reasonable and justifiable reason is mentioned in

(2) 25.caf.2295.2021 the application.

4.

Heard both the sides.

Perused the application.

5.

In view of the reasons mentioned in the application, as the appellants were facing the financial crises, they could not file the appeal appears to be just and reasonable cause.

6.

In view of that, application is allowed. Delay of 105 is condoned.

7.

Appeal be registered.

FIRST APPEAL NO. OF Admit.

Mr. A. M. Kukday, learned Advocate waives notice for respondent No.1.

Call for record and proceedings.

Stand over after four weeks.

(URMILA JOSHI-PHALKE, J.) Sarkate SARKATE 19:31