( 1 ) C.A.Nos.11779 & 11780 of 2009 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. Civil Application No. 11779 of 2009 And Civil Application No. 11780 of 2009 (In First Appeal Stamp No. 18651/2002) (In Rejected Case No. 1104/2007) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Mr. B.R. Kedar, Advocate, for the applicants. Mr. G.O. Wattamwar, Advocate, holding for Mr. S.G. Rudrawar, Advocate, for respondent no.1. Respondent nos.2 and 3 served (Absent). Mr. S.G. Chapalgaonkar, Advocate, for respondent no.4. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 1ST APRIL 2010 1. Heard learned Counsel for the parties. 2. There is exorbitant delay of 712 days in taking steps. Unfortunately, ( 2 ) C.A.Nos.11779 & 11780 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders earlier Civil Application bearing No. 7078/2002 also lost track of. The misery added to the claimants is Sunita Atmaram Bhise expired on 9-10-2005 and Satyabhama Shivaji Bhise expired on 22-9-2007. The claimants naturally could not keep track of the matter. The situation further deteriorated as the notices, though were sent by this court, since the Counsel representing the claimants in the appeal, joined judicial service, however, could not be responded by the claimants due to deaths of Sunita and Satyabhama. The mistake in not prosecuting the matter is apparent, though slackness is demonstrated, however, it is not deliberate. The claimants in appeal feel, the award of the learned Member of the Motor Accident Claims Tribunal is inadequate. ( 3 ) C.A.Nos.11779 & 11780 of 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders 3. In the situation, the delay caused in filing both the applications, is condoned. So also, delay in filing application for restoration of Civil Application No. 7078/2002 is condoned. Civil Application No. 7078/2002 is restored to file by setting aside the order of dismissal dated 4-9-2007. 4. The Civil Applications are allowed in the above terms. ( K.U. CHANDIWAL ) JUDGE bgp/ca11779