← Library
Bombay High CourtCAF/1570/2018admittedallwdgrantedrule absolute

The Oriental Insurance Co. Ltd., Through Its Regional Manager, Nagpur v. Firdos Fatima Wd/O Hasankhan Pathan And Others

2018-09-05Hon'Ble Shri Justice V.M. Deshpande2 pages

caf1570.18 32

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.1570/2018 IN FA ST.NO.8822/2018 The Oriental Insurance Co.Ltd., thr. its Regional Manager, Regional Office, Nagpur ..vs..

Firdos Fatima wd/o Hasankhan Pathan and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri A.M. Quazi, Counsel for the applicant.

Shri Vivek Awachat, Counsel for non-applicant Nos.1 to 8.

CORAM

: V.M. DESHPANDE, J.

DATED : SEPTEMBER 5, 8.

1.

This is an application for condonation of delay in preferring an appeal. The appeal is filed by the Oriental Insurance Co.Ltd., Nagpur challenging judgment and order dated 1.11.2017 passed by learned Chairman, Motor Accident Claims Tribunal, Yavatmal in MACP No.92/2013. There is a delay of 29 days. 2.

The claimants are duly served. They are represented by learned counsel Shri Vivek Awachat. Non-applicant No.9 is duly served. Though non-applicant No.10 is not served, he being owner of the offending vehicle, his presence for deciding the present application is not essential. Hence, looking to the quantum of delay, I pass following order :

ORDER

i) The civil application is allowed.

ii) Delay of 29 days in lodging the first appeal is hereby condoned. Office to register the first appeal.

.....2/-

caf1570.18 32 iii) The civil application is disposed of accordingly. FA ST.NO.8822/2018 1.

Heard.

2.

Issue Notices to the respondents.

3.

Call record and proceedings.

4.

Learned counsel Shri Vivek Awachat waives service for respondent Nos.1 to 8.

JUDGE !! BRW !!

...../-