1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO.2268/2006 IN FIRST APPEAL NO.5051 OF 2006. Office notes, office Memoranda of Coram, Appearances, Court s’ Orders or directions and Court’s or Judge’s Order Registrar s Orders.. ’ CORAM : K.U. CHANDIWAL, J. DATED : 17th JUNE, 2009 --- P.C.:- 1) Heard learned Counsel for the original claimant/appellant. 2) On 17.12.1993, the claimant was driving the vehicle, which met with an accident. The claimant was admitted in GHATI hospital from 18.12.1993 to 9.1.1994. According to him, the accident was result of dash by truck driver. The appellant/claimant was drawing monthly salary of Rs. 2,000/-. He due to the accident has become permanent disabled and lost his income. The matter was not prosecuted by the appellant/claimant and consequently, the learned Member, by order dated 9.1.2003 was 2 constrained to dismiss the claim petition. There is delay of 1040 days in causing to file appeal. No reasons are assigned to condone such exorbitant delay. When the Claim Petition is dismissed on 9th January, 2003, there is nothing to indicate that the applicant has suffered permanent disability or that he was refrained under the circumstances not to approach in time. The delay is not properly explained, it is not condoned. Application dismissed. In view of dismissal of the application for condonation of delay, appeal is also dismissed. (K.U. CHANDIWAL) JUDGE agp/bdv/ca2268.06