This interim application sought condonation of a five-day delay in preferring a First Appeal against a Motor Accident Claims Tribunal judgment. The High Court found sufficient cause and condoned the delay.
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10-IA-19311-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.19311 OF 2022
IN
FIRST APPEAL (ST) NO.14696 OF 2022
SINDHUTAI BAPU GAWADE AND ORS.)...APPLICANTS
V/s.
MAHANAGAR PARIVAHAN MAHAMANDAL)
LIMITED )...RESPONDENT
Mr.Abhishek Avachat a/w. Mr.S.H.Deshpande, Advocate for the
Applicants.
CORAM |
: |
ABHAY AHUJA, J. |
|---|---|---|
DATE |
: |
6thJUNE 2023 |
P.C.:
1. This is an interim application seeking condonation of delay of five days in preferring the First Appeal against judgment and order dated 8th February 2022 passed by Motor Accident Claims
Tribunal, Pune. Applicants are aggrieved that the contributory
negligence of the deceased has been assessed at 25% and that the
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10-IA-19311-2022.doc
same ought not to have been done in view of the decision of the
Hon'ble Supreme Court in the case of National Insurance Co. Ltd
vs Pranay Sethi1.
2.Mr.Abhishek Avachat, learned Counsel for Applicants draws
the attention of this Court to page 5 of the application to submit
that Applicants are illiterate and ignorant women and children
and therefore the delay of five days. It is observed from the
remarks column in the cause list that the sole Respondent – Pune
Mahanagar Parivahan Mahamandal Limited has been duly served
but is not represented.
3.Having heard the learned Counsel and having perused the
application, this Court is satisfied that there is sufficient cause to
condone the delay of five days in preferring the Appeal. Let the
delay be condoned.
4. Let the First Appeal be registered subject to removal of other office objections.
5. Interim Application, accordingly, stands disposed.
1 AIR 2017 SC 5157
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10-IA-19311-2022.doc
FIRST APPEAL (ST) NO.14696 OF 2022
1. List on 11th July 2023 .
2. Let a copy of the duly registered Appeal be served on the Respondent and an affidavit of service in that regard be filed by the next date.
(ABHAY AHUJA, J.)
ARTI VILAS KHATATE Digitally signed by ARTI VILASKHATATE Date: 2023.06.06 19:44:29 +0530
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Colour shows how this judgement treated each authority
National Insurance Co. Ltd vs Pranay SethiReferred¶12
National Insurance Co. Ltd vs Pranay Sethi
1 AIR 2017 SC 5157Referred
1 AIR 2017 SC 5157 · Who else cites this
Sindhutai Bapu Gawade and Ors.
Mahanagar Parivahan Mahamandal Limited
Abhay Ahuja
As recorded by the court registry
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