Bombay High CourtCAF/1592/2019admittedallwdgrantedrule absolute

Maha. State Road Transport Corp. Mumbai Thr. Its Divisional Controller, Division Office At Yavatmal v. Sameer S/O Raju Baile, Minor Thr. Its Mother, Smt. Sunita W/O Raju Baile And Another

2019-10-03Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 caf1592.19 ,IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.F. NO.1592/2019 IN FIRST APPEAL STAMP NO.24459/2018 Maharashtra State Road Transport Corporation ..Vs..

Sameer S/o Raju Baile and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.D. Awchat, Advocate for respondent No.1. Shri P.V. Rajurkar, Advocate for respondent No.2. CORAM : NITIN W. SAMBRE, J.

DATED : 3.10.2019 1] Shri Wankhede, learned Counsel for the appellant, on instructions, submits that the entire amount of compensation will be deposited in this Court within a period of six weeks from today. Since the statement is made on instructions, same is accepted as an undertaking. In view of above, there shall be no coercive steps against the appellant. Civil Application (C AF) No.1593/2019 is disposed of. No costs. 2] Heard respective counsel.

3] There is delay of 38 days caused in preferring the appeal. The payer for condonation of delay is opposed by the learned Counsel for the respondents. However, because of cause cited, which appears to be sufficient, delay stands condoned. Civil application

2 caf1592.19 (CAF) No.1592/2019 is allowed accordingly. No costs. 4] Shri Wankhede, learned Counsel would argue the case of composite negligence. According to him, the accident occurred when the vehicle of the appellant was stationary. In view thereof and having reasons recorded in para 8 of impugned judgment, Admit.

5] Call R & P.

6] Shri V.D. Awchat, Advocate waives notice for respondent No.1.

7] Shri P.V. Rajurkar, Advocate waives notice for respondent No.2.

JUDGE Tambaskar.