Baby Gopalkrishnan And Anr vs The Chief Works Manager, Western ...
2023 Latest Caselaw 5231 Bom

                                         1        23 fast 11038-23 with ia 4721-23-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                          FIRST APPEAL (ST.) NO.11038 OF 2023
                                         WITH
                         INTERIM APPLICATION NO.4721 OF 2023
                                           IN
                          FIRST APPEAL (ST.) NO.11038 OF 2023

 Mrs.Baby Gopalkrishnana and anr.                ... Appellant/Applicant
      Vs.
 The Chief Works Manager,
 Western Railway and anr.                        ... Respondents
                                             -------

 Mr.Sakshee P. Chavan, Advocate for the Appellant/Applicant.
 None for the Respondents.

                                             -------

                            CORAM :    ABHAY AHUJA, J.

                            DATE :     07 JUNE, 2023.


 P.C. :

1. At the outset, an objection is raised by the Registry that there is a

delay of 103 days in filing the appeal and that an interim application for

condonation of delay has not been filed. The learned counsel for the

Appellant submits that the issue involved in this appeal is that instead of

recording that the Appellant No. 1 had two daughters, it has been

erroneously recorded by the Tribunal that she has two sons and therefore,

the amount of compensation is to be divided amongst four persons though

Priya R. Soparkar 1 of 3

2 23 fast 11038-23 with ia 4721-23-c.doc

there were only two applicants who are Appellants in the present

appeal. Learned counsel would submit that after the order dated 4 th

October, 2019 , on 9th December, 2019 an application for correction of

the judgment was made and again on 26th August, 2022 another

application was made under section 152 of the Code of Civil Procedure,

1908. The Motor Accident Claims Tribunal, Mumbai passed an order

rejecting the application under section 152 on 22 nd December, 2022 and

another order on 19th January, 2023 rejecting the application for

correction of the judgment.

2. Aggrieved by the order dated 19th January, 2023, the Appellant has

preferred this appeal and submits that considering that the period of 90

days is the limitation period under the Motor Vehicles Act for filing an

appeal, the present appeal which has been filed on 15 th April, 2023 is

within time.

3. Having heard learned counsel, issue notice to the Respondents

returnable on 5th July, 2023.

4. Let an affidavit in reply also be filed in the matter by the next date.

  Priya R. Soparkar                                                                     2 of 3



                                         3   23 fast 11038-23 with ia 4721-23-c.doc




 5.           List on 5th July, 2023.

                                                   (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                   3 of 3