Sindhutai Bapu Gawade And Ors. ... vs Mahanagar Parivahan Mahamandal ...
2023 Latest Caselaw 5076 Bom

                                                                  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       :     6th JUNE 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.)




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