Smt. Padma Wd/O Virendra Joshi And 3 Others v. M.S.R.T.C. Through Divisional Controller, Yavatmal And Another

1 cao900.2016 +.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.O. NO. 900/2016 IN M.C.A. ST. NO. 17666/2015 Smt. Padma Wd/o Virendra Joshi & ors.

-VsMSRTC & anr.

================================================== Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

================================================= Shri J.L. Bhoot, Advocate h/f Shri A.J. Bhoot, Advocate for the appellants CORAM : Z.A.HAQ, J.

DATED : MARCH 20, 2018 C.A.O. NO. 900/2016, M.C.A. ST. NO. 17666/2015, C.A.O. NO. 287/2011 & M.C.A. ST. NO. 7280/2009 Heard.

The appeal filed by the claimants to challenge the award passed by the Motor Accidents Claims Tribunal dismissing the claim petition was dismissed in default.

Accepting the explanation given in the applications and considering the facts of the case, delay of 62 days in filing the application is condoned, miscellaneous civil application praying for restoration of M.C.A. (St.) No. 7280/2009 and M.C.A. (St.) No.

2 cao900.2016 +.odt 7280/2009 praying for restoration of the first appeal are allowed. The first appeal is restored.

The civil application and miscellaneous civil applications are allowed accordingly. No costs. F.A. NO. 776/2004 Issue notice to the respondent no. 2.

Shri S.R. Charpe, Advocate holding for Shri R.S. Charpe, Advocate waives notice for the respondent no. 1.

JUDGE Ansari