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2013 Supreme(Kar) 992

H.BILLAPPA, B.S.INDRAKALA
Amarlal Pritamdev Singhani (Since Deceased) by his L. R. – Appellant
Versus
Dinesh Tukaram Patil – Respondent


Advocates:
Advocate Appeared:
B. Dinakar Shetty, G.N. Raichur, for the Appellant
Shreevatsa S. Hegde, S.S. Niranjan, G.N. Raichur, Ravindra R. Mane, R.M. Kulkarni, Aruna Deshpande, B. Dinakar Shetty, for the Respondent

JUDGMENT

H. Billappa, J.—These appeals arise out of the accident that occurred on 5-12-2006, at about 12.00 noon, on Highway No. 17, on account of the collusion between Santro Car bearing No. MH-09-AB-6460 and Mahindra Goods Jeep bearing No. MH-08-H-6527. Therefore, they are considered together and disposed of by this common judgment. MFA No. 21198 of 2011 has been filed by the owner of the Santro Car bearing No. MH-09-AB-6460 challenging the judgment and award passed in MVC No. 613 of 2007.

2. MFA No. 25914 of 2011 has been filed by the claimants in MVC No. 3208 of 2006 seeking enhancement.

3. MFA Nos. 25345 to 25347 of 2011 have been filed by the insurer of the jeep bearing No. MH-08-H-6257.

4. There is delay of 566 days in filing MFA No. 21198 of 2011. Therefore, I.A. No. 3 of 2012 has been filed by the appellants praying to condone the delay. The delay is explained saying that the appellant was not aware of MVC No. 613 of 2007. It is only during the pendency of MVC No. 3208 of 2006, the appellant came to about MVC No. 613 of 2007 and therefore, there is a delay in filing the appeal.

5. The insurer of the jeep has opposed the application contending that the delay has not been properl






































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