1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 3662 OF 2009 IN FIRST APPEAL ST. NO. 6105 OF 2009 M/s New India Assurance Co.Ltd. ..Applicant VERSUS Gayabai w/o Maroti Pote & anr. ..Respondents ..... Shri V.R.Mundada, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 12 days in filing the accompanying First Appeal under Stamp No. 6105 of 2009 2 challenging the judgment and award dated 26.11.2008 passed by learned Member, Motor Accident Claims Tribunal, Hingoli in M.A.C.Petition No. 30 of 2005 directing the applicant and respondent no.2 to pay Rs.1, 05,500/- as compensation inclusive of compensation payable under no fault liability to respondent no. 1 with interest thereon of 9 per cent per annum. 3 It is the contention of the applicant that after passing of the afore said judgment and award on 26.11.2008, the applicant applied for the certified copies of the said judgment and award on 6.12.2008 and obtained the same on 15.12.2008. Thereafter on receipt of the said certified copies of the judgment and award, advocate at Hingoli submitted the same to the office of the applicant along with its opinion on 22.12.2008. Thereafter necessary approval was sought from the Divisional office from Aurangabad who referred the said file to the Regional office at Nagpur for necessary approval. Accordingly, it was decided to file the accompanying First Appeal and matter was handed over to the advocate at Aurangabad on 6.3.2009 for filing the appeal. Thereafter the accompanying First Appeal was filed on 16.3.2009. Thus delay of 12 days was caused in filing the accompanying First Appeal beyond the period of limitation. 3 4 The applicant submits that the said delay of 12 days in filing the First Appeal is minor. The applicants further submit that they have good case on merits and have every hope to succeed in the First Appeal. The applicants also submit that delay occurred in filing First Appeal is not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. It is further submitted that no prejudice would be caused to the respondents, if the present application is allowed, since the respondents would get the opportunity to contest the First Appeal on merits. 5 Considering the averments made in the present application, more particularly in para nos. 3 and 4 thereof and also considering the submissions advanced by the applicant, it is apparent that the delay of 12 days caused in filing the accompanying First Appeal does not appear to be willful, deliberate or intentional and is not inordinate and hence, same is required to be condoned in the interest of justice. 6 In the circumstances, the Civil Application is allowed in terms of prayer clause ‘A’ and 12 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying 4 First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca3662.09