1 caf-4064-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4064 OF 2009 IN FIRST APPEAL NO. 451 OF 1995 Bharatibai Dattatraya Sanga ....Applicant. Vs. Maharashtra State Road Transport Corporation ....Respondent. & ors. Mr. C.M. Lokesh i/by Mr.G.S.Hegde for the Applicant. Mr. A.M. Gokhale i/by Mr.M.B. Kotak for Respondent no.7. CORAM : ANOOP V. MOHTA, J. DATE : 12th August, 2010 P.C.: Admittedly, when the final order was passed after hearing respondents/original claimants on 3.7.2007, the appellant was absent. The Tribunal’s order was modified to some extent and rest of the order was maintained and the Appeal was disposed of accordingly. In view of the fact that the appellant was absent, in the interest of justice, I am inclined to allow this application. 2 The learned counsel for respondent no.7 submits that there is no case made out to review and/or to set aside the order, in view of the following Supreme Court judgments : (i) United India Insurance Co.Ltd. v. Rajendra Singh & ors., 2000 ACJ 2 caf-4064-09.sxw 1032. (ii) Rajendra Kumar & ors., v. Rambhai & ors., 2002 ACJ 1822. As noted above, in the present case, the appellant was not heard when the Appeal was disposed off finally. The cases so cited therefore are of no assistance in the present facts and circumstances of the case to accept his submission. The submissions are accordingly not accepted. 3 Accordingly, Civil Application is allowed in terms of prayers (a) and (b). (ANOOP V. MOHTA, J.)