IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 528 OF 2010 IN STAMP NUMBER MAIN NO. 1536 OF 2010 THE NEW INDIA ASSURANCE CO. LTD. ... Applicant Versus MR. DERICK MENDONZA AND 4 ORS., ... Respondents Mr. E. Afonso, Shri Ajit R. Kantak For Res. Coram:- S.B. DESHMUKH & F. M. REIS, JJ. Date:- 22nd November, 2010 P.C. Heard learned Counsel for the respective parties. 2.. On behalf of the respondent nos. 1 to 3 affidavit in reply is filed, the same is taken on record. 3. Applicant in this application wants to challenge the award passed by the Claims Tribunal by filing First Appeal. This appeal has been delayed by around 531 days. By earlier order passed on 27.9.2010 this Court has directed the applicant to file affidavit within a period of one week. Such affidavit is filed on record. Explanation submitted by the Applicant for condoning the delay is in respect of misplace of the paper by their counsel. In support of his contention affidavit is already placed on record. Counsel on behalf of the respondent nos. 1 to 3 in his affidavit in reply at para 9 has stated that it is after thought and filed with malafide intention. 4. After hearing the respective parties, in our opinion malafides alleged cannot be accepted for lack of material. Applicant is an insurance Company. We do not see deliberate, intentional or tactical delay on the part of the applicant. We are inclined to allow the application. However considering the status of the respondent/original claimant we are inclined to award costs of Rs.5000/- for inconvenience caused. 5. In view of the above, we pass the following order:- i. Application is allowed. ii. Applicant shall deposit Rs.5000/- towards costs to be payable to respondent nos. 1 to 3 alone, within a period of 2 weeks. iii. We also direct respondent nos. 1 to 3/original claimants nos. 1 to 3 to file appropriate application seeking withdrawal of the amount, if deposited by the applicant/insurance company. In case application is filed, to be listed after two weeks. 6. MCA stands disposed of accordingly. S.B. DESHMUKH, J. F. M. REIS, J. vn