Sachin Babu Nagpure vs Waseem Akram Shaikh Hamid And Ors
2024 Latest Caselaw 14279 Bom

Bombay High Court

Sachin Babu Nagpure vs Waseem Akram Shaikh Hamid And Ors on 6 May, 2024

2024:BHC-AUG:9650


                                                                         17-CA-13521-2018.odt




                           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                      BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 13521 OF 2018
                                          IN FAST/32338/2018

                                          SACHIN BABU NAGPURE
                                                   VERSUS
                               WASEEM AKRAM SHAIKH HAMID AND ORS
                                                      ....
                    Mr. A. C. Darandale, Advocate for applicant
                    Mr. S. S. Patil, Advocate for respondent No.2
                    Mr. N. C. Garud, Advocate for respondent No.3
                    Mr. Swapnil Lohiya, Advocate h/f Mr. R. F. Totla, Advocate for
                    respondent No.4
                                                      ....

                                        CORAM : Y. G. KHOBRAGADE, J.

                                           DATE : 06 MAY 2024
                    PER COURT :-


                    1.            Heard the learned Counsel appearing for the

                    respective parties at length.


                    2.          None appeared for the non-applicant No.1 though

                    duly served with notice.


                    3.          The    applicant    -   original   claimant   prays      for

                    condonation of delay of 167 days caused while lodging the appeal



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against the judgment and award dated 17.01.2018, passed by the

learned Member, Motor Accident Claims Tribunal, Ahmednagar in

M.A.C.P. No. 24 of 2015.       The learned Counsel appearing for the

applicant submits that due to paucity of funds as well as due to ill

health of the applicant, he could not file the appeal within the period

of limitation and the delay of 167 days caused, which is bona-fide and

substantial.


4.             Per contra, the learned Counsel appearing for the non-

applicant Nos. 2 to 4 strongly opposed the application on the ground

that the paucity of funds is not a bona-fide and substantial ground to

condone the delay of 167 days, hence prayed for rejection of the

application.


5.             It is submitted that the provisions of Section 166 and 173

of the Motor Vehicles Act, are in social beneficiary nature. In the case

in hand, the claimant intends to file appeal challenging the judgment

and award dated 17.01.2018 passed by the learned Member, M.A.C.T.

Ahmednagar in M.A.C.P. No.24 of 2015, whereby meagre amount of

compensation has been granted and as such, due to ill health of the

claimant and financial crises, he could not file appeal within the


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period of limitation, which appears to be bona-fide and substantial.

Therefore, I am inclined to grant the application and proceed to pass

following order:-

                               ORDER

(i) The civil application is allowed.

(ii) The delay of 167 days caused in filing appeal is hereby condoned.

(iii) Office to register the first appeal and place it before the Court on 13.06.2024.

[ Y. G. KHOBRAGADE, J. ]

SMS

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