IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL. APPLICATION NO. 3449 OF 2009 (FOR CONDONATION OF DELAY) IN FIRST APPEAL (ST) NO. 19989 OF 2009 Balasaheb Dnyanu Naroke & anr. ...........Applicants V/S. Arjun Balu Gharat & Ors. ...............Respondents --------- Mr. Sudhakar G. Thorat, adv.for the applicants. Mr. Rakesh G. Agrawal, adv.for the respondents. CORAM : SMT. R.P. SONDURBALDOTA, J. 22nd MARCH, 2010. P.C. :- 1. This Civil Application is taken out for condonation of delay of 263 days in filing the appeal challenging the judgment and award dated 13th August, 2008 passed by the Motor Accidents Claim Tribunal, Kolhapur in MACP No. 74 of 2006. The application is opposed by the respondent. 2. The applicants are the parents of the deceased on account of whose death an application for compensation had been filed. The applicants state that the application for certified copy of the judgment and award came to be filed only on 19th March, 2009 because there was communication gap between the applicants and their advocate. The applicants have also pleaded financial constraints in making arrangements for filing of the appeal. They claim to have suffered financial losses due to heavy rains in the region of their residence. All these factors beyond their control, are stated to have contributed to the delay. 3. In my opinion, the cause made out by the applicants have made out is sufficient for condonation of delay. Hence, the application is allowed in terms of prayer clause (a). The delay is condoned. Office to number the appeal and place the same for admission in due course. [SMT. R.P. SONDURBALDOTA, J]