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2024 Supreme(Pat) 863

SUNIL DUTTA MISHRA
Arti Devi – Appellant
Versus
Mukund Choudhary – Respondent


Advocates:
For the Appellants : Mr. Madan Mohan.
For the Respondents: Mr. Bimlesh Kumar Jha.

Sunil Dutta Mishra, J.—

Re :- I.A. No.01 of 2024 (Limitation Petition)

This Interlocutory Application No.01 of 2024 has been filed for condonation of delay of 7 months and 4 days occurred in filing the instant miscellaneous appeal by the appellants.

2. This application is supported with the affidavit.

3. Learned counsel for the respondent has made objection to this application stating that there is inordinate delay.

4. Having heard learned counsel for the parties and considering the averments made in the application, and in the interest of justice, the I.A. No.01 of 2024 is allowed.

5. The delay in filing the instant Miscellaneous Appeal is condoned.

Re :- Miscellaneous Appeal No.1036 of 2017

6. Heard the learned counsel for the appellants as well as the learned counsel for the respondents.

7. This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of appellants for enhancing the compensation amount awarded to the appellants/claimants by the learned District Judge-cum-Motor Accident Claim Tribunal, Bhagalpur (hereinafter referred to as “learned Tribunal”) in Claim Case No. 62 of 2014 vide Judgment dated 13.12.20

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