Application for condonation of excessive delay in filing first appeal against MAC Tribunal award rejected. Court found reasons for delay unsustainable and noted Tribunal found death due to natural calamity, not motor accident.
Application stands rejected. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 27-CA-12980-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
27 CIVIL APPLICATION NO. 12980 OF 2014
IN FAST/31007/2014
GODAVARIBAI PRAKASH MAGAR AND OTHERS VERSUS ORIENTAL INDIA INSURANCE COMPANY LTD.
Advocate for Applicants : Mr. M.S. Shaikh h/f Mr. Sachin S. Deshmukh
CORAM : K.K. SONAWANE, J.
DATED : 11th DECEMBER, 2017.
Order :-
Heard learned counsel for the applicants. Perused the application. Despite service, none appeared on behalf of respondentInsurance Company.
2 27-CA-12980-14
to the appellate forum for redressal of their grievance. The claim petition came to be filed in the year 2008. In the petition before Tribunal, it has been mentioned that the deceased was earning Rs. 30,000/- to Rs. 40,000/- per annum. In such circumstances it is fallacious to accept that the applicants used to travel from place to place through out year for eking livelihood. There is huge delay and same is not properly explained. There is no propriety to condone the delay after efflux of such colossal period. The Tribunal has concluded that the present case does not cover under the motor vehicular accident, but it was a case of natural calamity resulting into death of deceased. Therefore, application deserves to be rejected. Accordingly, Application stands rejected. No order as to costs.
Sd/- [ K. K. SONAWANE ] JUDGE
MTK.
3 issues framed by the court
Whether to condone a delay of 2194 days in filing the first appeal against the Motor Accident Claims Tribunal award.
Whether the reasons for delay, namely bona fide belief that proceedings were pending and travel for livelihood, are sustainable.
Whether the Tribunal finding that death resulted from natural calamity instead of motor accident affects the application for condonation.
Godavari Prakash Magar and others
Oriental India Insurance Company Ltd.
K.K. Sonawane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
