Jyostna Wd/O Eknath Chorey And Others v. Santosh S/O Ramlalji Gujar And Another

24caf2078.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 2078/2021 IN FIRST APPEAL ST. NO. 22285/2018 Jyostna Wd/O Eknath Chorey And Others Vs Santosh S/O Ramlalji Gujar And Another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr S.D. Chopde, advocate for the appellants/applicants. Mr Abhishek Bhuibhar, advocate for the respondent No.2. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 09/03/ 3.

1.

This application is filed by the applicants for condonation of delay in preferring the first appeal. 2.

Present appeal is preferred by the applicants against the judgment and award passed by the Chairman, Motor Accident Claims Tribunal, Akola. However, a delay of 122 days is caused in preferring the appeal.

3.

The reason mentioned in the application is that appellant No.1 was badly injured in the accident and was under treatment. Therefore, he could not approach the advocate to file an appeal, and therefore, the delay of 122 days is caused in preferring the appeal.

4.

Mr Abhishek Bhuibhar, learned advocate for respondent No.2 submitted that, the delay is not properly explained and hence civil application deserves to be rejected.

5.

Heard both the sides. Perused the application. rkn

24caf2078.2021.odt 6.

Reasons mentioned in the application that as the applicant was injured, she could not approach. Admittedly, the applicants are claiming compensation under the beneficial legislation. They have challenged the observation of the learned trial Court holding them contributory negligence for the alleged accident. In view of the reasons mentioned in the application and in the light of the settled legal position that while considering the delay application, the liberal approach is to be taken. To do substantial justice, the application deserves to be allowed. Delay of 122 days in filing the first appeal is condoned.

Civil application is disposed of.

First Appeal Stamp No. 22285/2018 1.

Appeal be registered.

2.

Admit.

3.

Call for record and proceedings.

4.

Mr Abhishek Bhuibhar, learned advocate waives service of notice on behalf of respondent No.2. 5.

Appellant to file private paper-book within a period of eight weeks after receipt of record and proceedings. 6.

Place the matter for final hearing after filing of private paper-book and its verification, as per its own turn. JUDGE Signed By:RAJESH K NANDURKAR rkn