1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 7045 OF 2006 IN FIRST APPEAL ST. NO. 14170 OF 2006 Laxmibai w/o Parasram Bawne & ors. ..Applicants VERSUS Ramrao s/o Hanmantrao Chandolikar & ors. ..Respondents ..... Shri G.D.Kale, advocate for the applicants Application dismissed against resp.no.1 Respondent no.2 served, absent Shri U.B.Bilolikar, advocate for respondent no.3 absent Shri M.M.Ambhore, advocate for respondent no.4 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Rule. Rule made returnable forthwith. Taken up for final hearing with the consent of learned counsel for the parties. Heard respective counsel for the parties. 2 2 The applicants have preferred the present application for condonation of delay of 953 days occurred in filing the accompanying First Appeal, challenging the judgment and award dated 19.9.2003, rendered by learned Additional District Judge and Ex-officio Member, Motor Accident Claims Tribunal, Nanded, in M.A.C.P. No.240 of 1997 awarding compensation amount of Rs. 1,77,700/- with interest thereon out of the claim amount of Rs. 3,00,000/- with interest. 3 The applicants submit that the delay caused in filing the accompanying First Appeal is not intentional, willful or deliberate and same occurred due to unavoidable circumstances, since the applicants are poor and they have lost young son in the accident, which was the only earning member in the family. 4 Learned counsel for the respondent has opposed the present application vehemently and submitted that the applicants have not explained the delay on day-to-day basis and the delay of 953 days caused is inordinate delay and the present application bears no substance and same is devoid of any merits and same be rejected. 3 5 Considering the averments in the application and also considering the rival submissions of the parties, it is material to note that the application is silent in respect of averments of the date of application for certified copies of the judgment and award and the date of receipt of the said copies. Moreover, there is no whisper in the application as to on which date the accompanying First Appeal was filed. Pertinently, it is nowhere disclosed in the application, whether the applicants have received the amount of compensation awarded by the learned Trial Court. Accordingly, present application lacks material particulars and merely the averments of unavoidable circumstances and poor financial condition of the applicants cannot be construed as reasons for condonation of delay. 6 Besides that, the delay occurred in filing the accompanying First Appeal is 953 days, which is more than 2½ years and certainly it is inordinate delay and the applicants have not explained the said delay properly and satisfactorily and, therefore, it appears that the said delay is intentional, deliberate and willful and prejudice would certainly cause to the respondents, if present application is allowed. 7 Hence, the present application deserves to be rejected 4 and same stands rejected accordingly. Registration of First Appeal is refused. The Court fee paid by the applicants be refunded to them as per rules. Rule is discharged accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca7045.06