FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2989 OF 2008 and CIVIL APPLICATION NO.2990 OF 2008 IN FIRST APPEAL (ST.) NO.5014 OF 2008 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Civil Application No.2989 of 2008 is taken out praying for leave to file First Appeal against the judgment and award dated 21st June, 2002 passed by the learned Chairman, Motor Accident Claims Tribunal, Nanded in M.A.C.P. No.309 of 2002. 2 Civil Application No.2990 of 2008 is taken out for condonation of delay of 531 days caused in filing First Appeal. 3 It is not disputed that the applicant was not made a party in the original Claim Petition M.A.C.P. No.309 of 2002. The learned Counsel for the applicant submitted that while deciding M.A.C.P. No.309/2002 the learned tribunal in paragraph 24 of the impugned judgment has held that insurer of Kinetic motorcycle is liable to pay compensation to the extent of 50%. The learned Counsel submitted that based upon this finding the United Insurance Company has instituted Special Civil Suit No.181 of 2007 against the applicant. It is only thereafter, he acquired knowledge of these proceedings. 4 In view of this, Civil Application No. 2889 of 2008 is allowed in terms of prayer clause (B) with no order as to costs. 5 In so far as Civil Application No.2990 of 2008 is concerned, undisputedly, the applicant was not made party to the claim petition. In view of this, he made application for seeking leave to file appeal, which application I have allowed today itself. Considering this fact and also for the reasons set out in the application, in my opinion, sufficient cause is made out for condonation of delay. Hence, Civil Application No.2990 of 2008 is allowed in terms of prayer clause (B) with no order as to costs. (R.G. KETKAR, J.) 13.11.2009. PLK/*