1 c.a.2360.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2360 OF 2010 IN FIRST APPEAL ST NO. 1912 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.P.C.Mayure,Advocate holding for Shri.S.S.Chapalgaonkar,Advocate for Applicants. Shri.S.S.Rathi,Advocate for R.No.2. .... CORAM: K.K. TATED, J. DATE : 09th DECEMBER,2010. PER COURT : 1. Heard learned counsel for the applicants and learned counsel appearing for respondent No.2. Though, the respondent No.1 was served, no one appeared on his behalf, when matter was called out. 2. Present Civil Application is preferred by the applicants-Original claimants for condonation of 479 days delay in filing the Appeal against the 2 c.a.2360.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Judgment and Award dated 14th July, 2008 passed by the Motor Accident Claims Tribunal, Beed in M.A.C.P. No. 279 of 2005. 3. Mr. Mayure, learned counsel appearing for the applicants submits that, the applicants have claimed Rs. 2,50,000/- under Section 166 of the Motor Vehicles Act. Though, they adduced sufficient evidence before the Tribunal, the Tribunal awarded only sum of Rs.1,50,000/- including the claim granted under section 140 of the Motor Vehicles Act. 4. The learned counsel further submits that there is delay of 479 in preferring the appeal, due to old age of claimants and financial crises. He further submits that applicant took some time to take 3 c.a.2360.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders legal advise from his Advocate. 5. Mr.Rathi, learned counsel appearing for respondent No.2 vehemently opposed the present Civil Application on the ground that the applicants failed to show the sufficient cause in preferring the appeal, beyond the period of limitation. 6. Considering the reasons given in the Civil application and submissions advanced by the learned counsel for the parties, the Civil Application for condonation is allowed in terms of prayer clause [B] subject to payament of costs of Rs.1000/- (Rupees One Thousand) within four weeks from today. The prayer clause [B] reads as under: “[B] The delay of 479 days caused in filing the Appeal may kindly be 4 c.a.2360.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders condoned and the appeal may kindly be registered.” 7. The Costs of Rs.1000/-(Rupees One Thousand) be deposited with Library, Advocates Bar Association, High Court, Bench at Aurangabad. Sd/- [K.K. TATED, J.] MTK