FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 9069 OF 2008 IN FIRST APPEAL (ST.) NO. 15469 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is for condonation of delay of 253 days caused in filing the appeal. The applicants have preferred appeal against the judgment and award dated 30.8.2007, whereby their claim petition under Section 166 of the Motor Vehicles Act, 1988, was dismissed. The said claim petition was filed on account of death of their son Shaikh Rasool, in a vehicular accident. In the application, it is averred that on account of untimely and unfortunate death of their son, there was disturbance in their day to day life. The applicants also relied upon the medical certificate in support of contention that the applicant No.2, was suffering from some ailments. On the other hand, learned counsel for respondent No.1 submitted that the applicants have not properly explained the delay and at any rate, the delay for the period from 17.4.2008 to 5.8.2008 has not been explained. I have heard learned counsel for the parties. Considering the controversy raised in the first appeal, as also the reasons given in the application, I am satisfied that this is a fit case for condonation of delay. Civil application is allowed in terms of prayer clause "B" with no order as to costs. (R.G. KETKAR, J.) Date:27.11.2009. rlj/ FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL (ST.) NO. 15469 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Not on board. Mentioned. Taken on board for admission. Heard learned counsel for the parties. Admit. Learned counsel for the respondent No.1 waives service. Hearing of the appeal expedited. Call for record and proceeding of the case. (R.G. KETKAR, J.) Date:27.11.2009. rlj/