Allowed

Bharatbai Balaji Zokdare and Ors. v. Kazi Abdul Wahid Saifuddin and Anr.

Bombay HC9 Dec 2022CA/1459/2019

Case brief

AI extract

What is this about?

In this civil application regarding delay in filing a first appeal against a Motor Accident Claims Tribunal award, the single-judge court balanced equity to condone a 209-day delay. The writ petitioners were granted leave to appeal their award without derogating their substantive rights to compensation but were denied interest on any enhanced amount between the award date and appeal filing.

What did the court decide?

Allowed; 209-day delay in appealing the Motor Accident Claims Tribunal award is condoned. Interest on enhanced compensation, if any award increases the amount, will not be granted for the period betwe

Bharatbai Balaji Zokdare and Ors. Vs Kazi Abdul Wahid… — Land Acquisition | Bombay HC (2022)

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ca1459.19.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 1459 OF 2019 IN FIRST APPEAL ST. NO 38814 OF 2018

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Bharatbai Balaji Zokdare & others

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Applicants

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Versus

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Kazi Abdul Wahid Saifuddin & another

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Respondents

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Mr. B. N. Gadegaonkar, Advocate for the applicants. Mr. M. R. Deshmukh, Advocate for respondent No. 2.

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CORAM : R. M. JOSHI, J. DATE :9^th DECEMBER, 2022.

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PER COURT :

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This application is fled by original claimants in MACP No. 380/2013 seeking condonation of delay of 209 days in fling frst appeal against the judgment and award dated 2^nd February, 2018.

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According to applicants, appeal could not be fled in time as time was taken for contacting advocate and seeking advice. According to learned counsel for the applicants, the delay caused is not deliberate and interest of justice requires condonation thereof.

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ca1459.19.odt

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Learned counsel for respondent No. 2 opposed the said contention and objected for allowing the application.

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The claimants in motor accident case are entitled to seek just compensation. If a claimant is aggrieved by any award and judgment passed by the Tribunal and seeks just compensation by enhancement thereof, he cannot be denied the said right on technicalities.

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Perusal of the application shows that delay caused in preferring the appeal is not intentional. Moreover, applicant could not have gained anything by not preferring the appeal in time. Hence, delay caused in preferring appeal deserves to be condoned. However, appellants cannot be allowed to take advantage of the delay and respondents cannot be burdened with liability to pay interest on enhanced amount for the said period. In the circumstances, equity can be balanced by denying any amount of interest to the claimants on enhanced compensation, if any, till the date of fling of the appeal. Hence the following order :-

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ORDER

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i) Application stands allowed.

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ca1459.19.odt

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ii) Delay of 209 days caused in preferring appeal stands condoned.

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iii) Appeal be registered.

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iv) Applicants are not entitled to receive any amount of interest on enhanced compensation upto the date of fling of appeal, if they succeed in the appeal.

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v) Civil application stands disposed of.

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( R. M. JOSHI) Judge

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dyb

Bharatbai Balaji Zokdare and Ors. v. Kazi Abdul Wahid Saifuddin and Anr.

Case brief

What is this about?

What did the court decide?

Bharatbai Balaji Zokdare and Ors. v. Kazi Abdul Wahid Saifuddin and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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