1 ca9296.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9296 OF 2009 IN FIRST APPEAL ST. NO. 17364 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.B. Kolpe, Advocate for applicants. Mr. S.Y. Mahajan, Advocate for Resp.No.1. CORAM : K. K. TATED, J. DATE : 20TH DECEMBER, 2010. PER COURT : . Heard the learned Counsel for the parties. None for respondent No.2. 2. Present Civil Application is preferred by the original claimants for condonation of 41 days delay in preferring the appeal against the judgment and award dated 24-03-2009 passed by the learned Motor Accident Claims Tribunal, Osmanabad in Motor Accident Claims Petition No.255/2007. 3. There is no affidavit in reply on behalf of either respondent No.1 or 2 to oppose the present Civil Application. 2 ca9296.10 3. The learned Counsel appearing on behalf of the applicants submits that due to old age of the applicant Nos.6 and 7, it remain on their part to file present appeal in time. He further submits that due to examination of the applicant Nos. 2 to 5, applicant No.1 could not take immediate steps for filing the appeal. 4. Considering the averments and explanation given in the Civil Application, delay of 41 days in preferring the appeal against judgment and award dated 24-03-2009 passed by the learned Motor Accident Claims Tribunal, Osmanabad in Motor Accident Claims Petition No.255/2007, is condoned. 5. Civil Application is disposed of accordingly. [ K. K. TATED, J.] sut/DEC10/ca9296.09