Chhatis @ Satish S/O Rewaram v. The Cholamandalam Geeneral Insurance Co. Ltd, Nagpur And Others

33.caf.2919.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

N AGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 2919 OF 2022 IN FIRST APPEAL ST.

NO.

19013 OF 202 Chhatis @ Satish s/o Rewaram Patle ..vs.. The Cholamandalam General Insurance Co. Ltd. And anr. -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri G.M. Shitut, Advocate for the appellant/applicant. Mrs. Mrunal Naik, Advocate for the respondent no.1. CORAM:- URMILA JOSHI-PHALKE , J.

DATED :- FEBRUARY , 2023.

Heard.

2.

By preferring this application, the applicant/appellant-original claimant is seeking condonation of delay of 200 days.

3.

As per the contention of the applicant, the applicant has preferred an appeal challenging the order passed by the Commissioner under the Workmen's Compensation Act, Nagpur, however, delay is caused. 4.

The delay is caused as an applicant is handicapped person. His left leg was amputated above the knee. There is nobody to assist the applicant and applicant was unable to move from one place to another. Hence the delay is caused.

5.

Said application is strongly opposed by the learned Counsel for the respondent no.1. She submitted that the reasons mentioned in the application are not sufficient and the delay is intentional one.

6.

Though served, none appears for respondent No.2.

33.caf.2919.22.odt 7.

Heard both the sides and perused the application.

8.

It is apparent that the applicant sustained injuries in an accident during the course of employment and therefore, he filed application before the Commissioner under the Workmen's Compensation Act, Nagpur.

9.

Considering that the applicant has sustained grievous injuries and he was unable to move, the delay of 200 days is condoned on waiver of the interest in view of the prayer in the appeal.

FIRST APPEAL ST. 19013 OF 2022 Place the matter on 21/02/2023 for final disposal.

(URMILA JOSHI-PHALKE, J.) *Divya DIVYA SONU BALDWA 03.02.2023 17:17