1 caf2787-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 2787 OF 2010 IN FIRST APPEAL NO. OF 2010 The New India Assurance Co. Ltd. .. Applicant V/s. Shashikant R. Kshirsagar & Anr. .. Respondents .... Mrs. Urmila K. Sanil for the Applicant. Mr. Manoj A. Patil for Respondent Nos. 1 and 2. .... CORAM : A. S. OKA, J. DATE : DECEMBER 15, 2010. P.C. Heard the learned counsel appearing for the parties. The delay is of two years and 192 days in preferring an Appeal against the Award passed under Section 140 of the Motor Vehicles Act, 1988 by which the applicant Insurance Company has been directed to pay compensation of Rs.25,000/-with interest on account of no fault liability. The only explanation for such a long delay is in paragraph Nos. 3 and 4 of the application which read thus : “3. The order was passed on 10.10.2007, as per the facts of the case, the application of the Respondent No.1 ought to have been dismissed. The advocate applied for certified copies in other connecting applications but due to over sight he 2 caf2787-10 did not obtain certified copy in the Application. The Advocate learned his mistake only when the application u/s.166 was being heard. He immediately filed application for certified copy on 09.02.2010. The same was ready and delivered on 20.02.2010. 4. The advocate sent the certified copy on or about 28.02.2010 along with his opinion to file Appeal The underwriting office of the appellant sent the papers to Mumbai Regional Office on or about 15.03.2010. The regional office appointed this advocate and sent papers to her which the office of the advocate received on or about on 20.03.2010.” 2. From the plain reading of what is stated in the above paragraphs, it is impossible to come to the conclusion that there was sufficient cause for such a long delay especially when the order impugned is under section 140 of the said Act. Hence, the application is rejected. Civil Application No. 2788 does not survive and the same is disposed of. Statutory amount deposited by the appellant in this court be paid over to the appellant with interest accrued thereon. 3. It is made clear that all contentions of the applicant in the main claim petition are expressly kept open. JUDGE