1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.F. No.1523/2009 in First Appeal St. No.8000.2009/ ( Mohd. Hussain Sheikh S/o Mohd. Hafiz ..V/s.. National Insurance Co. Ltd., through its Branch Manager & others ) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Mr. P.S. Mirache, counsel for the applicant. Mr. M.R. Khan, counsel for the respondents. C ORAM : F.M. REIS, J. DATED : 13th January, 2010. Heard the learned counsel for the applicant and the respondents. This is an application for condonation of delay of 218 days in filing the first appeal against the judgment and award passed by the Member of the Accident Claims Tribunal, Nagpur dated 19th of June 2008 in Claim Petition No.911/2003. The main ground to condone the delay is on account of the illness of applicant who had suffered a fracture and was unable to move out of the household. The illness is corroborated by the medical certificate produced by the applicant. The respondent no.1 has filed reply to the application for condonation of delay opposing the contentions on the part of the applicant. In the facts and circumstances of the matter and considering the illness of the applicant, which prevented him from 2 filing the appeal, within the time prescribed, I find that the applicant cannot be said to be negligent litigant who has deliberately filed an appeal belatedly. Considering the facts and circumstances of the case, the delay of 218 days in filing the appeal is condoned with no order as to costs. Application stands disposed of. JUDGE. Tambaskar.