FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.53 OF 2006 IN FIRST APPEAL (ST.) NO.23546 OF 2005 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is filed for condonation of delay of 285 days caused in filing the appeal. 2 Heard Shri Manale, learned Counsel for the applicant. Though respondents 1 and 2 are served, nobody appears for them. Even on behalf of respondent no.3, nobody was present when the matter was called out. 3 The applicant has preferred first appeal against the judgment and award dated 8th December, 2004 whereby the learned Member of the MACT, Latur partly allowed the claim petition filed by the applicant. As against the claim of Rs. 4,00,000/-, the M.A.C.T. Awarded total compensation of Rs.2,35,000/- inclusive of NFL amount of Rs.25,000/-. 4 In the application, it is averred that because of the accident, the applicant sustained injuries on occipital region causing damage to his brain. The tribunal recorded findings that this has resulted in disability to the extent of 50%. It is contended that the thinking capacity of the applicant is adversely affected and consequently, he could not take decision to file appeal earlier, though he received compensation in the month of April, 2005. 5 Considering the findings recorded by the tribunal, in my opinion, the applicant has made out sufficient case for condoning the delay. Hence, the civil application is allowed in terms of prayer clause (B) with no order as to costs. (R.G. KETKAR, J.) 30.11.2009. PLK/*