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Bombay High CourtCAF/351/2019admittedallwdgrantedrule absolute

Sabdar Beg S/O Karim Beg v. Ramniwas S/O Badrinarayan Sharma And Others

2019-09-18Hon'Ble Shri Justice Manish Pitale2 pages

1 / 2 caf351.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION No.351 OF 2019 IN FIRST APPEAL STAMP NO. 25322 OF 2016 Sabdar Beg s/o Karim Beg vs.

Ramniwas Badrinarayan Sharma and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. P. R. Agrawal, Advocate for appellant.

CORAM : Manish Pitale J DATED : 18.09.2019 Heard learned counsel for the applicant / appellant.

2.

This is an application seeking condonation of delay of 1372 days in filing the accompanying appeal.

3.

By the appeal, the applicant / appellant is seeking enhancement of compensation granted by the Motor Accident Claims Tribunal.

4.

Notice was issued on this application on 13.03.2019 and all the respondents have been served. None has appeared for the respondent when

2 / 2 caf351.19 the application is called out for consideration. 5.

A perusal of the application shows that the reason for delay in approaching this Court is stated to be the difficulties faced by the applicant due to the injuries suffered in the accident. It is pointed out that the applicant has suffered permanent disability to the extent of 40% which has also adverse impact on the earning of the applicant and his financial capacity. 6.

Hence, for the reasons stated in the application, the same is allowed and the delay is condoned.

First Appeal No. /2019 Heard learned counsel for the appellant.

2.

Issue notice returnable in six weeks.

JUDGE KOLHE