1 C.A.No.7223 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.7223 OF 2010 IN FIRST APPEAL ST. NO.11521 OF 2011 Vyankatrao Jayram Bhere ..APPLICANT VERSUS Laxmibai Ramrao Wallekwad & ors. ..RESPONDENTS Mr G.N. Chincholkar, Advocate for the applicant; Mr H.I.Pathan, Advocate for respondents no.1 & 2 CORAM : MRS MRIDULA BHATKAR, J. DATE : 19th October, 2011 PER COURT : Application is made for condonation of delay of 828 days. Learned Counsel for the respondents i.e. original applicant submits that respondent no.5, the mother of the deceased has expired and the legal representatives of respondent no.5 are already on record as respondents no.1 to 4. Claim application was preferred under the Motor Vehicles Act for the death. The Member of the Tribunal has held respondent - owner of the Tempo liable to pay compensation of Rs.1,50,000/- to the petitioner. Learned Counsel for the appellant submits that his brother Ashok was residing in Pune, was bed ridden and seriously ill because of diabetes, high blood pressure and heart problem and as there was no 2 C.A.No.7223 of 2011 elder member in the family, appellant was in Pune from 20.11.2008 to 20.1.2010 to look after his brother. He submitted that appellant himself fell ill from 1.2.2010 to March, 2011 and was suffering from chronic airways disease for one year from February, 2010 to March, 2011 and, therefore, delay of 828 days be condoned. 2. The reasons given by the applicants are not at all satisfactory. What is meant by chronic airways disease is not known to the Counsel. Learned Counsel for the applicant is not in a position to explain the seriousness of the disease and point out whether it really restricted the movements and the normal life of the applicant. It appears from the record that the applicant did not appear before the Tribunal and so the matter proceeded ex parte against him. Thereafter the original applicants moved for execution and thereafter the appellant has filed appeal and hence delay of 828 days is caused. No true reason is given in the application. In the light of this, Civil Application for condonation of delay is dismissed. However, the applicant is entitled to refund of court fees in accordance with law. ( MRS MRIDULA BHATKAR, J.) amj/ca7223.11