1 ca1134-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1134 OF 2009 IN FIRST APPEAL [STAMP] NO.4493 OF 2009 (National Insurance Vs.Sunanda) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Rahul Mehta i/b.KMC Venture, for applicant. Mr.Manish M. Pabale, for respondent nos.1 and 2. Mr.S.P.Deo, for respondent no.3. CORAM : R.G.KETKAR,J. DATE : 17 th AUGUST, 2010 P.C. This application is for condonation of delay of 43 days in filing the First Appeal. 2] Heard Mr.Rahul Mehta, learned counsel for the applicant and Mr.M.M.Pabale, learned counsel for the respondent nos.1 and 2 and Mr.S.P.Deo, learned counsel for the respondent no.3. Office remark indicates that respondent no.4 is served. 3] For the reasons set out in the Civil Application, the same is allowed in terms of prayer clause (a) with no order as to the costs. [R.G.KETKAR, J.] 2 ca1134-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL [STAMP] NO.4493 OF 2009 (National Insurance Vs.Sunanda) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.Rahul Mehta i/b.KMC Venture, for applicant. Mr.Manish M. Pabale, for respondent nos.1 and 2. Mr.S.P.Deo, for respondent no.3. CORAM : R.G.KETKAR,J. DATE : 17 th AUGUST, 2010 P.C. Heard learned counsel for the respective parties. 2] This appeal is directed against the judgment and award dated 21 st August, 2008 passed by the learned Member, M.A.C.T., Pune whereby the claim petition was partly allowed directing the opponents before the Tribunal to pay Rs.85,000/- including NFL with interest at the rate of 7.5% per annum. Learned counsel for the appellant and the claimant jointly submit that considering the amount involved in the appeal it would be in the interest of justice to dispose of the appeal finally at the stage of admission itself. Considering the request made by learned counsel for the parties, Call for Record and Proceedings. The court may, subject to its convenience, decide the appeal finally at the stage of admission itself. [R.G.KETKAR, J.]