{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.9157 OF 2006 WITH FIRST APPEAL STAMP NO.18118 OF 2006 Smt.Suman Vasant Shinde & others APPLICANTS VERSUS Rashid Amir Sayyad & Another RESPONDENTS ....... Mr.B.S.Shinde h/f Mr.V.P.Latange, Advocate for applicants Mr.Manoj Shinde h/f Mr.M.K.Goyanka, Advocate for R-2 ....... [CORAM : A.V.POTDAR, J.] DATE : 5th September 2009 PER COURT: 1. By the present civil application, the applicants have prayed for condonation of 82 days delay caused in preferring first appeal challenging the judgment and award dated 09.03.2006 passed by Motor Accident Claims Tribunal, Ahmednagar in MACP No.878/1995. 2. The applicants have claimed that the applicants were suffering from a disease called “Chikan Guniya” and they were {2} under medial treatment and hence they could not contact advocate and, therefore the delay has been caused. 3. It is nowhere mentioned in the application that which of the applicant was actually suffering from the said disease, during which period and where the treatment was taken. Secondly, the application is not supported by medical certificate. In absence of supporting medical evidence, the contention raised that the applicants were suffering from certain disease and were unable to contact advocate, is devoid of any substance. In that light of the matter, there are no merits in the application and hence, the same is hereby dismissed. 4. As the civil application for condonation of delay is dismissed, the accompanying first appeal also does not survive and hence stands rejected. The applicant is entitled for refund of court fees as per rules. [A.V.POTDAR, J.] drp/wp9157-06