Miss Devika Dnyanesh Shah vs Mr Ramsahai Ramdhan @ Ram Pannalal ...
2022 Latest Caselaw 12217 Bom

                                                   5-CAF 4500.2013 IN FA (St.) 32359.2012.doc


K.S. Jadhav
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                      CIVIL APPLICATION NO. 4500 OF 2013
                                       IN
                      FIRST APPEAL (ST.) NO. 32359 OF 2012

    Devika Dnyanesh Shah                                     ...Appellant/Applicant

                  Versus

    The New India Insurance Co. Ltd.                         ...Respondent No.3
                               ----------
    Mr. J.D. Khairnar, Advocate for Appellant.
    Mr. D.S. Doshi, Advocate for Respondent No.3.
                                          ----------

                                          CORAM           : R.I. CHAGLA, J.

                                          DATE           : 28th November, 2022.
    ORDER :

1. By this Civil Application, the Applicant is seeking

condonation of delay in filing the first appeal which delay is

stated to be of 520 days.

2. The Applicant has challenged the impugned Judgment,

Order and Decree dated 21st May, 2011 passed by the District

Judge and Member of Motor Accident Claims Tribunal

(hereinafter referred to as 'MACT' for short), Malegaon, Distict -

5-CAF 4500.2013 IN FA (St.) 32359.2012.doc

Nashik in Motor Accident Claim Application No.51 of 2003.

3. The Applicant has stated that an application had been

made for the certified copy of the impugned judgment and order

which was finally delivered to the Applicant on 23rd June, 2011.

The Applicant has stated that as he was a student and having no

source of money, he filed the present Appeal upon being allowed

to withdraw an amount of Rs.2,00,000 from the total decretal

amount deposited by the Respondent No.3, Insurance Company

by order dated 23rd October, 2012. The Applicant has further

stated that from the date of the incident, the Applicant is living

her life at the mercy of her parents and with the aid and

assistance of one lady helper, hence, she was required to take

suggestion of her parents and lawyer and after taking decision,

the appeal has been preferred.

4. The learned Advocate appearing for Respondent No.3, New

India Insurance Company Limited submits to the order of this

Court.

5. Having considered that the Applicant has suffered on

5-CAF 4500.2013 IN FA (St.) 32359.2012.doc

account of the incident and not having the resources to file the

present appeal within time, due notice of the same has been

taken and the Civil Application for condonation of delay is been

allowed. Hence, the following order :

i) The delay of 520 days in filing the appeal, is

condoned.

ii) Civil Application No.4500 of 2013 is accordingly

disposed of.

[R.I. CHAGLA, J.]