Rajendra Janardhan Dhangade v. Smt. Leelabai Wd/O. Kamleshsingh Chavan And Others

9. CAF 188 of 2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.188/2017 IN FIRST APPEAL ST. NO.9587/2016 Rajendra Janardhan Dhangade ...Versus...

Smt. Leelabai wd/o Kamleshsingh Chauvan and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri J.B. Gandhi, Advocate for applicant Ms Anita Mategaonkar, Advocate for respondent no.5 CORAM : AVINASH G. GHAROTE, J.

DATE : 24/11/2022 1.

The civil application seeks condonation of delay of 758 days in filing the first appeal by the owner of the vehicle, who has been saddled with the responsibility in the award dated 31/12/2013 passed by the learned Motor Accident Claims Tribunal.

2.

Though the respondent nos.1 to 3 are served, none appears. The respondent no.4 has already been deleted. Advocate Ms Anita Mategaonkar appears for the respondent no.5.

3.

In Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others, (2013) 12 SCC

9. CAF 188 of 2017.odt 649 the Hon'ble Apex Court has laid down the parameters for considering an application for condonation of delay and has mandated that the liberal approach ought to be adopted. Considering the reasons given in the application and accepting the same and in view of the fact that the appellant, who has been saddled with the compensation claim, has to be afforded an opportunity to challenge the award as he was said to be ex parte before the learned Motor Accident Claims Tribunal, the civil application is allowed. Office to register the appeal. FIRST APPEAL ST. NO.9587/2016 1.

Issue notice to the respondents, returnable in four weeks.

2.

Advocate Ms Anita Mategaonkar waives service of notice for the respondent no.5. The appellant shall serve rest of the respondents by all modes of service permissible in law. Hamdast granted.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR