United India Insurance Co. Ltd., Rep. Thr. Its Senior Divisional Manager., v. Devidas Bablo Naik And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 926 OF 2017 IN STAMP NUMBER MAIN NO. 4181 OF 2016 UNITED INDIA INSURANCE CO. LTD., REP. THR. ITS SENIOR DIVISIONAL MANAGER., ... Applicant

Versus

DEVIDAS BABLO NAIK AND 2 ORS., ... Respondents Adv. Suraj Rohidas Naik for the Applicant.

Adv. R. G. Ramani for Respondent no.1.

Adv. Tukaram Gawas for Respondent no.2.

Adv. Milton Marshal for Respondent no.3 Coram:- C. V. BHADANG, J.

Date:- 14th February 2019 P.C.:

This is an application for condonation of delay of one year and four months in filing an appeal challenging the judgment and award dated 24/2/2015 passed by the Motor Accident Claims Tribunal. The ground on which the condonation of delay is sought is that Advocate Santosh G. Naik, who was appearing for the applicant before the Tribunal could not attend the proceedings of the claims petition on account of his ill health and the informed the applicant about the passing of the award on 8/3/2016. The application is supported by an affidavit of the concerned advocate.

MCA/926/2017

2. Having regard to the fact that it was on account of the absence of the advocate on account of his illness that major part of the delay has occasioned, in that view of the matter I find that that the delay deserves to be condoned. The application is accordingly allowed. Let the First Appeal be registered. C. V. BHADANG, J.

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