Bombay High CourtCAF/1432/2015ca disposed off

Smt. Laxmibai Wd/O Damodhar Chute v. Mr. Meghraj S/O Kawduji Rathod And 2 ORS

2016-07-18Hon'Ble Shri Justice P.B. Varale2 pages

1 caf1432.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF No. 1432 of 2015 In FA (St) No. 18400 of 2015 Smt Laxmibai v. Meghraj and ors - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Asghar Hussain, Advocate for applicant Shri M. R. Johrapurkar, Advocate for respondent no. 3 None appears for respondents no. 1 and 2 though served Coram : Prasanna B.

Varale, J Dated : July 18, 2016 Heard learned counsel for the applicant. There is delay of 311 days caused in filing First Appeal. It is submitted that due to illiteracy and paucity of funds, the applicant was unable to take steps within a reasonable period. It is submitted that the applicant is a lady engaged in household work and was not conversant with the legal nicities. Shri M. R. Johrapurkar, learned counsel for the respondent no. 3 opposes the application.

In view of the submissions made and for the reasons stated in the application, delay caused in filing the appeal is condoned. Application stands disposed of accordingly.

First Appeal (St) No. 18400 of 2011 : Heard. It is submitted that the learned Member of the Maharashtra Accident Claims Tribunal grossly erred in awarding inadequate compensation. It is submitted that the learned Tribunal failed to appreciate the material aspects viz. age of the deceased-victim and academic qualification of the deceased. It is further submitted that the Tribunal failed to apply appropriate multiplier on the backdrop of the age of the victim.

2 caf1432.15 Admit. Call for R & P.

Shri M. R. Johrapurkar, learned counsel waives notice for respondent no. 3.

JUDGE joshi