Bombay High CourtMCA/917/2016disposed of

Shri. Siddhu Babu Varak And ANR., v. Shri. Navnath K. Bombale And 2 ORS.,

2017-01-27Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 917 OF 2016 IN STAMP NUMBER MAIN NO. 3604 OF 2016 SHRI. SIDDHU BABU VARAK AND ANR., ... Applicants

Versus

SHRI. NAVNATH K. BOMBALE AND 2 ORS., ... Respondents Shri Salil Satish Saudagar, Advocate for the Applicants. Shri E. Afonso, Advocate for the Respondent No.3. Coram:- NUTAN D. SARDESSAI, J.

Date:- 27th January, 2017 P.C.:

Heard.

2. Shri S. Saudagar, learned Advocate for the applicants submits that the applicants are illiterate senior citizens belonging to the Scheduled Tribe who lost their son in a vehicular accident. There has been a delay of 20 days in filing the appeal which was on account of the non availability of the appropriate funds. Even otherwise, the applicants have a good chance to succeed on merits for enhancement of the compensation awarded by the Claims Tribunal. This fact is asserted on oath in an affidavit which has not been controverted by the respondents no.3 and there is otherwise no reason why the application should not be

MCA/917/2016 entertained. The application is therefore allowed and the delay is condoned. The registry to register the appeal and thereafter refer the matter to the Lok Adalat.

NUTAN D. SARDESSAI, J.