1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.304 OF 2009 IN FIRST APPEAL (ST.) NO. 25497 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for condonation of delay of 389 days caused in filing the first appeal. The applicant had filed claim petition under Section 166 of the Motor Vehicles Act, 1988, contending, interalia, that on account of accidental injuries, he sustained permanent disability and loss of earning capacity. In para 7 of the application, it is asserted that the delay is occasioned due to the fact that the applicant is poor person and he is physically disabled since his left hand has become useless for work purpose and he could not arrange the funds for filing the appeal and only after receiving compensation awarded by the Tribunal, he could file the appeal. On the other hand, learned counsel for the respondent submit that the applicant has not properly explained the delay. He has not given details as to when he made application 2 for certified copy and when he received the same. After hearing learned counsel for the parties and considering the controversy raised in the appeal, in my opinion, this is a fit case for condoning the delay, in filing the appeal, as the delay is neither deliberate nor intentional. Hence, in the facts and circumstances of the case, delay deserves to be condoned. Civil application is allowed in terms of prayer "A" with no order as to costs. (R.G. KETKAR, J.) Date:01.12.2009. rlj/ 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 25497 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Not on board. Mentioned. Taken up for admission. Heard Shri Mukul Kulkarni, in support of the appeal, Mrs S. Kazi, learned counsel for respondent No.1 and Shri Usmanpurkar, learned counsel for respondent No.2 Admit. Learned counsel waive service for respective respondents Call for record and proceeding. (R.G. KETKAR, J.) Date:01.12.2009. rlj/