1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 10414 OF 2006 IN FIRST APPEAL ST. NO. 21598 OF 2006 Shivkumar @ Shivlal s/o Chunilal Kaliya ..Applicant VERSUS Dnyaneshwar s/o Dagadu Dhole & ors. ..Respondents ..... Shri R.B.Deshmukh, advocate for the applicant Application against respondent nos. 1 and 2 dismissed Shri A.B.Gatne, advocate for respondent no.3 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Rule. Rule made returnable forthwith. Taken up for final hearing with the consent of the learned counsel for the parties. Heard respective counsel for the parties. 2 The applicant has preferred the present application for condonation of delay of 5 days occurred in filing the 2 accompanying First Appeal, challenging the judgment and award dated 5.7.2006 rendered by learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 122 of 1997, awarding compensation of an amount of Rs. 60,000/- with interest, out of amount of Rs.1,00,00/- with interest thereon. 3 The applicant submits that the reasons for delay have been explained in para nos. 4 and 5 of the present application and the said delay is negligible and is not willful, deliberate or intentional. 4 Learned counsel for respondent no.3 has opposed the present application vehemently and submitted that the present application bears no substance and same is devoid of any merits and same be rejected. 5 Considering the averments in the application and also considering the rival submissions, it is apparent that the applicant has stated the reasons for causing the delay in filing the accompanying First Appeal in para nos 4 and 5 of the present application and apparently the said delay has been explained properly and satisfactorily. It appears that the said delay caused in filing the accompanying First Appeal is negligible and is not willful, deliberate or intentional and hence, the same is required 3 to be condoned. 6 In the circumstances, the present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘B’ thereof and delay of 5 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. Rule is made absolute accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca10414.06