Maharashtra State Road Transport Corporation Through Its Divisional Controller, Amravati v. Balu S/O Bhaurao Borkar Through Next Friend, Sau. Vanita Balu Borkar And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION [CAF] NO. 75/2020 IN FIRST APPEAL ST NO. 15287/2019.

M.S.R.T.C. Amravati.

-Versus - Balu Bahurao Borkar and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. B. Reddy, Advocate for the Applicant.

Ms. A. Sharma, Advocate for Non-applicant No.1. CORAM : SMT. ANUJA PRABHUDESSAI , J.

DATE : JANUARY 13, 2022.

Civil Application [CAF] No.115/2022.

Heard.

By this application, the applicant has sought to bring on record legal representatives of deceased non-applicant no.1 on record. The learned Counsel appearing on behalf of legal representatives of non-applicant no.1 waives notice. She has no objection for allowing this application. Hence, Civil Application is allowed. The legal representatives of non-applicant no.1, whose names are specified in paragraph no.3 of the civil application are allowed to be brought on record. Cause title be amended accordingly.

....

Civil Application [CAF] No.75/2020.

Heard.

By this application, the applicant has sought to condone the delay of 10 days in filing an appeal under Section 173 of the Motor Vehicles Act, 1988.

3.

Having considered the reasons stated in the application, the delay is condoned. Civil Application stands disposed of. Appeal be registered.

...

First Appeal No. 15287/2019.

Considering the narrow controversy involved in the matter, the parties are put to notice that an endeavor will be made to dispose of the appeal at the time of admission. List the appeal for admission on 14.02.2022.

Call for R & P.

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C ivil Application [CAF] No.

/20 .

The learned Counsel for the applicant /appellant states that the entire amount as per award has been deposited.

In the light of said statement, execution and implementation of the impugned judgment and award dated 29.03.2019 passed by the learned Member, Motor Accident Claims Tribunal, Amravati in M.A.C.P. No.411/2015 is stayed during the pendency of the appeal.

(SMT. ANUJA PRABHUDESSAI, J.) Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur