1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 11940 OF 2005 IN FIRST APPEAL ST. NO. 17928 OF 2005 Karnataka State Road Transport Corporation ..Applicant (Orig.Resps.) VERSUS Sk. Abdul Gani s/o Ahmadsab & anr. ..Respondents (No.1 Orig. Claimant) ..... Shri V.D.Gunale, advocate for the applicant Respondent no.1 served absent. Application dismissed against Resp.No.2 ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 6th November, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant has preferred the present application for 2 condonation of delay of 251 days occurred in filing the accompanying First Appeal, challenging the judgment and award dated 8.10.2004 rendered by learned Member, Motor Accident Claims Tribunal, Latur in M.A.C.P. No.460 of 2000. 3 The applicant has explained the reasons for delay in para nos. 2 and 3 of the present application and it appears that the delay occurred in filing accompanying First Appeal is not intentional, willful or deliberate. Moreover, opportunity is required to be given to the applicant to prosecute the accompanying First Appeal on merits and the respondents would get opportunity to contest the same on merits if present application is allowed. 3 Considering the averments in the present application and more particularly in para no.2 thereof, the present application deserves to be allowed and accordingly same stands allowed in terms of prayer clause ‘B’ thereof and delay of 251 days caused in filing the accompanying First Appeal stands condoned. The accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) dbm/ca11940.05 3