1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.1653 OF 2009 IN FIRST APPEAL STAMP NO.864 OF 2009 Vishwanath s/o Rajaram Zaware and others ... APPLICANTS VERSUS Shri Machhindra s/o Nivrutti Aaher and others ... RESPONDENTS ----- Shri D.R. Jaybhar, Advocate for the applicants ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 7th September, 2009. ORAL ORDER : 1. Perused. Heard learned counsel for the applicant. 2. The applicants have preferred the present application for condonation of delay of 8 days in filing the accompanying First Appeal, challenging the judgment and order passed by learned Motor Accident Claims Tribunal, Ahmednagar, in Motor Accident Claim Petition No.217/2003 on 22.9.2008. 2 3. The applicants submit that, after passing the aforesaid judgment and order dated 22.9.2008, they applied for certified copy thereof on 7.11.2008 which were received on 27.11.2008. The applicants submit that, because of old age of applicant No.1 who is the Karta of family, he could not file the First Appeal within time and hence delay of 8 days occurred in filing the accompanying First Appeal, which is not deliberate, intentional and willful may be condoned. 4. The applicants further submit that, due to death of the deceased, they have lost their earning member and others are aged persons and, therefore, delay was caused in filing the accompanying First Appeal which be condoned in the interest of justice. 5. The applicants further submit that, the applicants are economically backward persons and they are illiterate and hence, could not file the accompanying First Appeal within the period of limitation and, therefore, prayed that the delay of 8 days caused in filing the accompanying First Appeal be condoned in the interest of justice. 6. Considering the facts and circumstances, and the 3 difficulties narrated in the present application, it is apparent that the delay of 8 days caused in filing the accompanying First Appeal is neither intentional nor inordinate and nor willful and deliberate and, therefore, same is required to be condoned in the interest of justice. Moreover, the said delay is highly of 8 days and if it is condoned, no prejudice would be caused to the respondents and, therefore, same is required to be condoned in the interest of justice. 7. In the circumstances, present application is allowed in terms of prayer clause (B) thereof and delay of 8 days caused in filing the accompanying First Appeal stands condoned and the accompanying First Appeal be registered and numbered accordingly. [SHRIHARI P. DAVARE, J.] fmp/ca1653.09