{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.8214 OF 2007 IN FIRST APPEAL STAMP NO.16292 OF 2007 The New India Assurance Co Ltd., APPLICANT VERSUS Gopaldas Nanakram Tolani Since Deceased Through LRs & others RESPONDENTS ....... Mr.V.R.Mundada Advocate for the applicant Mr.Vikram Patil h/f V.D.Hon, Advocate for R-1 to 5 ....... [CORAM : A.V.POTDAR, J.] DATE: 27th August 2010 PER COURT: 1. By the present civil application, the applicant- Insurance Company, seeks condonation of delay of 98 days caused in preferring appeal against the judgment and award dated 23.06.2007 passed by the Motor Accident Claim Tribunal, Amalner in MACP No.38/2003. 2. It appears that Rule was issued in this application on 11.06.2008. Today, when the matter came up for final hearing, {2} heard learned counsel for the parties. The respondents have not filed any reply to oppose the application seeking condonation of delay. 3. The Claim Tribunal has awarded an amount of Rs. 1,15,000/- to the claimants and the amount of Rs.50,000/- paid by the applicant-Insurance Company towards “No Fault Liability” was directed to be adjusted towards the said amount. The applicant has also deposited an amount of Rs.25,000/- towards a statutory deposit while filing the present appeal. 4. Perused the impugned judgment. It appears that a Maruti van, in which the injured and deceased were traveling, had given a dash to a standing truck, which was parked by the side of the road. Admittedly, the said Maruti van was not insured. One Gopaldas and his wife, who were traveling in the Maruti Van, expired in the said accident. It appears that the claim Tribunal, while deciding the claim, held the truck owner and truck driver, responsible for contributory negligence and saddled responsibility to satisfy part of the claim on the owner and driver of the truck, which was insured with the applicant-Insurance Company. 5. Considering the issue involved in the present first appeal and for the grounds stated in the application seeking condonation of delay, which are self explanatory and sufficient to condone the delay coupled with the fact that the grounds remained {3} uncontroverted, as no reply is filed on behalf of the respondents, the application is allowed in terms of prayer clause “A” and “B” and stands disposed of. Office to register the accompanying first appeal and issue notice to the respondents, after payment of requisite process fee. Application stands disposed of accordingly. Rule made absolute as indicate above. [A.V.POTDAR, J.] drp/B10/ca8214-07