1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.2171 OF 2006 IN FIRST APPEAL (stamp) NO. 4616 OF 2006 Smt. Dhropadabai Jyotilal Rathod and others. ..applicants-claimants versus Rajkumar Vishwambharnath Agrawal and another. ..Respondewnts ------ Shri P.K.Palve, Advocate, holding for Shri D.K. Dagadkhair, Advocate for the applicants. Respondent No.1 although served, absent. Shri R.F. Totla, Advocate for Respondent No.2. Coram : Shrihari P. Davare, J. Date : 27th August, 2010 P.C. 1. Heard learned counsel for the parties. 2. This is an application preferred by the applicants for condonation of delay of 71 days caused in filing accompanying first appeal which is on stamp number 4616 of 2006, challenging judgment and award dated 26.8.2005 passed by the learned II Adhoc Additional District Judge and Member, Motor Accident Claims Tribunal, Aurangabad, in Motor Accident Claim Petition No.611 of 2004. 2 3. Learned Counsel for Respondent No.2 opposed the present application vehemently, and submitted that the application bears no substance and it is devoid of any merits and, therefore, same be rejected. 4. After considering rival submissions advanced, and for the reasons stated in the application, it appears that the applicants have explained the delay satisfactorily. Moreover, it also appears that the said delay is not wilful, deliberate or intentional and, therefore, same deserves to be condoned in the interest of justice. 4. In the result, application is allowed in terms of prayer clause (B) thereof and delay caused in filing of accompanying first appeal, stands condoned. First appeals be registered and numbered. 05. Present application stands disposed of, accordingly. (Shrihari P. Davare, J.) pnd/ca2171.06