* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL. APPLICATION NO. 49 OF 2009 (FOR CONDONATION OF DELAY) IN FIRST APPEAL (ST) NO. 146 OF 2009 ICICI Lombard General Insurance Co.Ltd ...........Applicant V/S. Smt. Rituja alias Meera Dhashekhar Dhavan ...............Respondent --------- Mr. Nikhil Mehta i/by. K.M.C. Legal Venture,adv.for the applicant. Mr. Atul A. Kore, adv.for respondents no.1 to 4. Shri. V.S. Tadke, adv.for respondent no.5. CORAM : SMT. R.P. SONDURBALDOTA, J. 22nd MARCH, 2010. P.C. :- 1. This Civil Application is taken out for condonation of delay of 153 days in filing the appeal to challenge the order dated 27th March, 2008 passed by the Motor Accidents Claim Tribunal awarding compensation to respondents no.1 to 4. 2. There is no affidavit-in-reply filed by any of the respondents. 3. Mr. Mehta, the learned counsel for the applicant, submits that the * 2 * delay has been caused solely on account of negligence on the part of the counsel appearing for the applicant-insurance company before the Motor Accidents Claim Tribunal. Though, the claim petition was disposed off by the judgment and order dated 27th March, 2008, the advocate did not even apply for certified copy of the judgment and order until 25th June, 2008. The certified copy was kept ready by the Tribunal on 16th July 2008 but the learned lawyer did not collect it until 23rd July 2008. Thereafter, when he was to forward the papers to the office of the applicant, he had forwarded the same to the wrong office, not just that but the papers sent were also incomplete. 4. Mr. Mehta, submits that once all the papers were received by him there has been no time lost in preparing the appeal, getting the same approved and filed in the court. He also informs that the appellant has removed the advocate appearing before the tribunal from the panel maintained by it. 5. One of the time period for which Mr. Mehta is unable to set up any argument is the period between 4th November, 2008 till 12th December, 2008. The application shows that opinion from the advocate as regards filing of the appeal was received by the applicant on 4th November, 2008. On the basis of this, decision to file the appeal was required to be approved by the Board of Directors of the applicant- * 3 * company, as the claim involved therein was of more than Rs.2 lac. As per the application, no board meeting was scheduled prior to 12th December, 2008 and hence the opinion for filing an appeal could be placed before the Board of Directors only on 12th December, 2008. There is no explanation as to why the meeting of the Board of Directors could not be convened immediately after 4th November, 2008 for obtaining the approval. This is a clear lapse on the part of the applicant-company. However, considering the facts and circumstances of the case, this court is inclined to condone the delay by awarding costs to the respondents quantified at Rs.5,000/- in one set to respondents no.1 to 4 and Rs. 2,000/- to respondent no.5. The Civil Application stands disposed off accordingly. Office to number the appeal and place the same for admission in due course. [SMT. R.P. SONDURBALDOTA, J]