1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F.NO. 2443/2010 IN F.A.ST.NO.14877/2010 The New India Assurance Company Ltd, Chandrapur VERSUS Smt. Shobha Kisan Fating and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : R.M.SAVANT, J. DATED : 07.01.2011. Heard Shri S.S. Sanyal, learned Counsel for applicant/appellant and Shri B.M. Kharkate, learned Counsel for respondent nos. 1 to 3. By the above Civil Application the applicant/appellant seeks condonation of delay of 318 days in filing First Appeal against the judgment and award of Motor Accident Claims Tribunal, Chandrapur dated 13.07.2009. The reasons for the delay have been mentioned in the Civil Application. 2 The sum and substance of the reasons for the said delay was the time spent on account of the administrative sanction which were to be obtained for filing of the First Appeal. The learned Counsel appearing on behalf of respondent nos. 1 to 3 submits to the orders of the Court. Considering the well settled principles applicable in the matter of considering an application for condonation of delay, in my view, the grounds set out in the above application deserve acceptance. Civil Application is accordingly allowed, resultantly the delay of 318 days caused in filing First Appeal stands condoned. Civil Application stands disposed of. …...... Civil Application No. 1607/2010. By the above Civil Application the applicants/ respondents, who are the original claimants seek to withdraw amount of Rs. 36,157/- deposited by the appellant/Insurance Company. The applicants are the 3 legal heirs of the person who died in the accident, wherein the vehicle covered under the Insurance of the appellant Company was involved. In my view, considering the well settled position in law, the applicants are entitled to withdraw the amount so deposited by the appellant Insurance Company, subject to they furnishing solvent security/surety to the satisfaction of the Registrar of this Hon'ble Court. The applicants/ claimants also to file an undertaking that in the event the appellant Insurance Company succeeds in the appeal, the said amount would be brought back by them. Civil Application is accordingly disposed of. JUDGE Rgd