New India Assurance Co. Ltd. v. Smt. Bayanabai Dinkar Gosavi And ORS.

(17) CAF 97­17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 97 OF 2017 IN FIRST APPEAL (STAMP) NO. 31540 OF 2016 New India Assurance Co. Ltd.

.. Applicant Vs.

Smt. Bayanabai Dinkar Gosavi & Ors.

.. Respondents Ms. Jyoti Bajpayee for the Applicant.

Mr. Kedar P. Lad for Respondent Nos.1 to 3.

Ms. Vrushali Maindad for Respondent Nos.4 & 5. CORAM : K. K. TATED, J.

DATE : 3 rd APRIL, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

By this Civil Application, the Applicant-Insurance Company is seeking condonation of 49 days delay in filing the First Appeal challenging the Judgment and Award dated 20.04.2016 passed by the Motor Accident Claim Tribunal, Kolhapur in Motor Accident Claim Petition No. 99 of 2011 holding that the Respondents-original Claimants are entitled compensation of Rs.6,95,000/- with 9% interest.

4.

Considering the submissions made by learned Counsel for Applicant and averments in Civil Application, I am satisfied that the Applicant has made out case for allowing this Civil Application. Hence, following order : (i) Delay of 49 days in filing the First Appeal is condoned. (ii) The Civil Application stands disposed of accordingly. [K. K. TATED, J.] 1/1