1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.7186 of 2008 IN FIRST APPEAL ST. NO. 12354 of 2008 ICICI Lombard, General Insurance Company Limite ... Appellant VERSUS Chimanibai W/o Pohlya Pawara & others .... Respondents ..... Shri S.S. Patil, advocate h/f for R.H. Dahat, advocate for the applicant. Shri R.R. Sancheti, advocate h/f R.R. Mantri, advocate for respondent Nos. 2 & 3 Respondent No. 4 absent in spite of service. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 09th December, 2009 PER COURT : 1 Shri S.S. Patil, advocate submits that Shri R.R. Mantri has filed pursis on 10-11-2008 that the respondent No. 1 is expired. Thereafter the applicant has filed pursis on 08-06-2009 that respondent Nos. 2 & 3 are the heirs of deceased and they are 2 already on record. 3 Perused. Heard learned counsel for the parties. It is seen that Rule has been already issued on 02-07-2008 the applicant / Ori. Respondent has filed application for condonation of delay of 13 days challenging the judgment and order dated 07-03-2008 passed by learned Motor Accident Claims Tribunal, Shahada in MACP No. 56 of 2007. 4 Learned counsel for the respondent Nos. 2 & 3 opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. 5 On perusal of averments made in the present application and rival contentions of the parties by the learned counsel for the parties, it appears that the applicant has explained the reasons of delay in para Nos. 3 to 4 of the present application satisfactorily. Moreover, it is also appeares that the said delay in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 3 6 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 13 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. 7 Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) SDM/CA7186.08