IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 57 CIVIL APPLICATION NO. 1382 OF 2012 IN FAST/952/2012 Alkabai Atmaram Joshi And Ors VERSUS Vijay Budho Koli And Anr ... Advocate for Applicant : Mr. Bhokarikar Madhav M None Present for Respondents … CORAM : ROHIT W. JOSHI, J. Dated : September 29, 2026 PER COURT :- 1. The present application is filed seeking condonation of delay of around 479 days in filing First Appeal under Section 173 of the Motor Vehicles Act, 1988. The appeal is filed seeking enhancement of compensation. 2. Respondent No.1 though served, has not entered appearance. Respondent No.2 has not filed a reply to question the veracity of the averments made in the application for condonation of delay. 3. it is stated in the application that the Appellant Nos.1 and 5 are the widow and mother, respectively, of the deceased and, being ladies, do not have knowledge about worldly affairs. Appellant Nos.2, 3 and 4 are minor children of the deceased. 4. Having regard to the fact that the deceased died leaving behind Page 1 of 2 57 CA 1382-2012 three minor children, a widow and a mother, and as the appeal pertains to enhancement of compensation awarded on account of a death claim, the application for condonation of delay deserves to be allowed. 5. Issue notice to the respondents in First Appeal Stamp No.952 of 2020, returnable in the first week of December. 6. Call for record and proceedings (R&P). 7. Parties are put to notice that the appeal may be heard finally at the stage of admission. 8. Respondent No.1 is the owner of the offending vehicle. Respondent Nos.1 and 2 are jointly and severally held liable to pay the compensation. Respondent No.1 was required to be served through newspaper publication on the application for condonation of delay. Therefore, notice of the appeal be issued to respondent No.1 by newspaper publication in the Dhule edition of daily “Punya Nagari”. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page 2 of 2