1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4958 OF 2009 IN FIRST APPEAL (ST.) NO.30702 OF 2009 Shri Amol Ramchandra Chavhan .... Applicant Vs. Mr. Tanaji Shankar Baad & Ors. .... Respondents Mr. Anil Kumar Patil, Advocate for appellant. Mr. B.A. Walimbe & P.B. Walimbe, Advocates for respondent no.1 Mr. Nilesh Wable i/by Mr. U.R. Mankapure, Advocate for respondent no.2 Coram : SMT. R.P. SONDURBALDOTA, J. Date : 16th April, 2010 P.C. 1. This Civil Application is taken out for condonation of delay of 123 days in filing the appeal to challenge the judgment and order dated 14th May 2009 passed by the Motor Accident Claims Tribunal, Islampur, partly allowing the claim of respondent no.1. Respondent no. 2 is the driver of the offending vehicle and respondent no.3 is the insurer. 2. Mr. Patil, the learned Counsel for the applicant submits that the applicant is the owner of the truck involved in the accident. 2 Around the time of the judgment, he had taken the truck to state of Gujarat. There the vehicle was damaged. The applicant therefore was held up in Gujarat for nearly two months for getting vehicle repaired. He also had to spend huge amount for repairing the vehicle, leaving no money for payment of court fees as well as advocate s fees. The learned counsel for respondent no.1 however, ’ points out that there was negligence on the part of the applicant in applying for certified copy of the impugned judgment and order. The application is made on 14th August 2009 much after the expiry of period of limitation for filing the appeal. 3. Considering the fact that the appeal arises out of a claim petition, I am inclined to allow the application, subject to awarding costs to respondent no.1, who is the only contesting respondent. 4. On the applicant s paying costs quantified at Rs.1,000/­ to the ’ respondent no.1 within a period of two weeks from today, the Civil Application is allowed in terms of prayer clause (a). The delay is condoned. Office to number the appeal and place the same for admission, in due course. ( Smt. R.P. SondurBaldota, J. )