1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3545 OF 2009 WITH CIVIL APPLICATION NO. 3546 OF 2009 IN FIRST APPEAL NO.1490 OF 1988 Adiwasi Shivabhai Pangalabhai Minama ..Applicants & Anr. /Appellants V/s. Maghanbhai Bhikabhai Varli & Ors. ..Respondents .... Ms.Sarojini Upadhyay,Advocate, for the applicants/appellants. .... CORAM : J.H.BHATIA,J. DATE : 8th September, 2009. P.C. 1 This appeal is filed against the dismissal of the Claim Petition by the Motor Accident Claim Tribunal. That appeal was dismissed on 22 nd June 2000 as nobody appeared when the matter was called for final hearing. 2 It is contended that the advocate who was appearing in that matter had not taken care to appear and the applicants were even not aware about the dismissal. The applicants are the poor and illiterate labourer and they belong to Scheduled Tribe living in the backward area. According to them, they used to go from place to place in different part of Gujarat State for search of livelihood and therefore they could not 2 contact even the lawyer. Now, they have approached the Legal Aid Committee and with help of Legal Aid, they have moved this application for condonation of delay and for restoration of appeal. 3 In view of these facts, I find that delay has been satisfactorily explained. Therefore, the delay is condoned and the First Appeal is hereby restored to the file. 4 The Civil Application stands disposed of accordingly. (J.H.BHATIA,J.)