1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (St.) NO. 25701 OF 2006 WITH CIVIL APPLICATION NOs. 1337 & 1338 OF 2009 Vilas Vitthal Gurav & anr........Appellants/Applicants versus Smt. Rekha Ramesh Kanekar & ors........ Respondents. Mr. Vijay Mane adv. for the Appellants/Applicants Mr. Sameer Tambekar adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 24th MARCH, 2009. P.C.: 1. By the present application, the applicant seeks condonation of 293 days delay in filing the appeal. The appellants are the owner of the vehicle, involved in the accident, which resulted in death of one Ramesh. In the present application it is averred that on account of heavy rains and flood, the applicants who are agriculturists suffered heavy financial loss as their income solely depends upon the agriculture. Though the averments in the application are not very specific and are vague still in the interest of justice, the delay in filing the appeal is condoned, application is allowed and disposd of. By consent heard the appeal for admission. 2 2. The appellants who are owner of the trailer have challenged the inmpugned award passed by MACT in favour of the claimants on account of death of one Ramesh. Perusal of the impugned award shows that the road on which the accident took place runs north-south and trailer was parked at left side of the road. The trailer was parked on a tar road which is main road and having heavy traffic. The tribunal has held that the appellants have negligently parked the vehicle on the road without taking precaution to indicate or put warning signs such as tail lamp etc. which could alert the passing vehicles that the trailer is parked at the said place. For coming to the conclusion that the appellant was negligent in parking the trailer on the road, reliance is placed on the spot panchanama and other material on record. It is observed in the judgment that the width of the road is 28 feet, out of which 18 feet is tar road whereas 5 feet width is of kachha portion on either sides of the road. However the kachha portion of the road was not used for parking and that no steps were taken to indicate that the trailer was parked on the road. Taking into consideration the facts and circumstances, the tribunal has held that the present appellants were guilty innot taking precaution while parking the trailer on the road and thus granted compensation of Rs.2,93,250/-. 3. Perused the judgment and decree. The same does not 3 call for any interference. In the result, the appeal is summarily dismissed. 3. In view of the dismissal of the appeal, civil applications does not survive and the same are also dismissed. (A. P. DESHPANDE, J.)