The Maharashtra State Road ... vs Mina Kashinath Zanje And Anr
2022 Latest Caselaw 2995 Bom

                                    1/3                 33 FA ST 3435-22.doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                FIRST APPEAL ST NO.3435 OF 2022
                             WITH
             INTERIM APPLICATION NO. 1070 OF 2022
                              IN
                FIRST APPEAL ST NO. 3435 OF 2022
                             WITH
             INTERIM APPLICATION NO. 1071 OF 2022
                              IN
                FIRST APPEAL ST NO. 3435 OF 2022


The Maharashtra State Road Transport .. Appellant
Corporation, Vahatuk Bhavan, Mumbai
                           Versus
Mina Kashinath Zanje and anr                   .. Respondents

                                          ...

Mr.Ayodhya Patki i/b Nitesh Bhutekar for the appellant.
Mr.Niketan Nakhawa for respondent nos.1 and 2.

                            CORAM: BHARATI DANGRE, J.

DATED : 28th MARCH, 2022 P.C:-

Interim Application No. 1071/2022.

1 By the present application, the appellant/applicant seek stay to the implementation and execution of the impugned judgment and award dated 4/10/2019 passed by the MACT in MACP No.606/2015.

Tilak





                                    2/3                    33 FA ST 3435-22.doc

Learned counsel for the appellant submit that the Appeal has been filed, being aggrieved by the impugned judgment which fail to consider the salary of the deceased and has considered it on a higher side and also on the point of contributory negligence while fastening them with the liability.

2 Learned counsel for the appellant make a statement that the amount of compensation awarded in favour of the respondent - claimant along with the interest calculated upto 28/2/2022 shall be deposited before the MACP within a period of four weeks from today.

3 Subject to the aforesaid, there shall be stay to the impugned order.

Interim Application No.1070/2022

4 In instituting the Appeal, there is a delay of 731 days which has been notified by the Registry.

Pertinent to note that the impugned judgment and award is passed on 4/10/2019 and the Appeal came to be filed on 14/12/2021 along with the Application for condonation of delay. The applicant is entitled for benefit of excluding the period from 15/3/2021 to 2/10/2021 in the wake of the directives issued by the Hon'ble Apex Court in calculating the period of limitation during the Covid times. The applicant is therefore, entitled to the benefit of the said order. Necessarily, the delay in filing the present First Appeal is condoned.

Tilak





                                    3/3                  33 FA ST 3435-22.doc

Interim Application No. 1070/2022 is made absolute.

First Appeal St No.3435/2022

5 Learned counsel waives notice on behalf of respondent nos.1 and 2.

Since the Appeal involves a short point of law about the quantum and contributory negligence, subject to the private paper book being filed within a period of four weeks from today, list the Appeal for final hearing on 4/5/2022 at 2.30 p.m.

( SMT. BHARATI DANGRE, J.)

Tilak