IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.6923 OF 1995. APPLICATION NO.6923 OF 1995. APPLICATION NO.6923 OF 1995. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.29915 OF 1995. APPEAL (ST) NO.29915 OF 1995. APPEAL (ST) NO.29915 OF 1995. The Oriental Insurance Company Ltd. ...Applicant Versus. Shri Krishna A. Bhatia & Ors. ...Respondents Ms Sangeeta Patil h/f Shri Nitin Gangal for the Applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 11th February, 2008. : 11th February, 2008. : 11th February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the applicant. The advocate for applicant has placed on record a copy of letter dated 10th January, 2008 sent by the advocate for applicant to the applicant requesting the applicant to make compliance with order dated 10th January, 2008. The advocate has also placed on record a copy of communication received by him from the applicant. The said letters are taken on record and marked "X" and "X1" for identification. 2. As the applicant has not given any instructions, the advocate for applicant is unable to produce on record a copy of order, if any, passed by the Tribunal granting leave under section 170 of the Motor Vehicles Act, 1988 in favour of the applicant. 3. Perusal of the impugned award shows that the : 2 : 2 : 2 : applicant-Insurance company has not raised any defence which is covered by section 149(2) of the said Act of 1988. As appeal preferred by the applicant is not maintainable, no purpose will be served by entertaining this application for condonation of delay. Accordingly, application is rejected. 4. Civil Application No.2652 of 2006 does not survive and the same is rejected. Judge. Judge. Judge.