IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 79 OF 2006 [FOR CONDONATION OF DELAY] IN FIRST APPEAL [ST] NO. 294 OF 2006 New India Assurance Co.Ltd ...........Applicants V/S. Smt. Chaurushila Sandeep Samel & Ors. ........Respondents ---------- Mr. S.M. Vidyarthi, adv.for the applicants. Mr. T.J. Mendon, adv.for the respondents. CORAM : A.P. DESHPANDE, & : SMT. R.P. SONDURBALDOTA, JJ DATED : 7 th APRIL, 2010. P.C. : 1. This application seeking condonation of delay in filing the appeal is moved after a period of more than 4 years. The Award challenged in the appeal is one passed by the Motor Accidents Claim Tribunal, Thane, way back on 25th April, 2005 in a accident claim petition which in turn was filed in the year 1995. It is undisputed that the Award has been executed and money received by the claimants long back. It is also not in dispute that other connected appeal has already been dismissed. Four persons had died in the motor accident which gave rise to filing of two claim petitions in Thane District and the other connected appeal has been dismissed. In the above factual background, the applicant is seeking condonation of delay of 159 days in filing the appeal. 2. We have perused the Civil Application. The delay has not been properly explained. In the result, the application is rejected. 3. The learned counsel for the appellant is praying for refund of the court-fees. In view of the rejection of the application for condonation of delay, the applicant shall be entitled to refund of court-fees as admissible under the rules, so also, would be entitled to withdraw a sum of Rs.25,000/- deposited by the Insurance Company in this court under Section 173 of the Motor Vehicles Act. The said request is granted. (A.P. DESHPANDE, J) (SMT. R.P. SONDURBALDOTA, J)