Bombay High CourtCAF/3076/2019admittedallwdgrantedrule absolute

Archana Wd/O Subhashkumar Pathe And Others v. Chaitram S/O Londhu Panchbuddhe And Others

2019-12-06Hon'Ble Shri Justice Vinay Joshi2 pages

0612caf3076.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3076/2019 IN FIRST APPEAL ST. NO.16642/2019 Archana wd/o Subhashkumar Pathe and others ...Versus...

Chaitram s/o Londhu Pachbuddhe and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Shweta Salwankar, Counsel for applicant Shri Bhole, Counsel h/f Ms A.S. Athalye, Counsel for respondent no.2 CORAM : VINAY JOSHI, J.

DATE : 06/12/2019 Heard.

This is an application filed by the original claimants for condonation of delay of 307 days caused in filing the first appeal. The claimants' petition under Section 166 of the Motor Vehicles Act came to be dismissed by the Tribunal. Being aggrieved, the first appeal is filed with application for condonation of delay.

The reason for delay is that the applicants were not advised to challenge the order by the then learned Counsel. It is submitted that after the death of Karta of the family, the applicants were ignorant of their legal remedy.

0612caf3076.19.odt Having regard to the said fact and especially as the accident claim is dismissed, the delay stands condoned on a condition that in case of success in appeal, the claimants will not be entitled for the interest for the period of delay. The civil application is allowed and disposed of accordingly. No order as to costs.

FIRST APPEAL ST. NO.16642/2019 Heard.

ADMIT.

Learned Counsel Shri Bhole holding for Ms A.S. Athalye, learned Counsel for respondent no.2 waives service of notice for respondent no.2.

JUDGE Wadkar, P.S.