IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4604 OF 2008 IN FIRST APPEAL (ST) NO.20525 OF 2008 The United India Insurance Co. Ltd. ..... Applicant V/s. Mrs.Kumud Gondya Misal & Ors. .....Respondents Mr.Rohan Darandale, for the applicant. Mr.R.B.Chavanke, for the respondents CORAM : SHRI P.B.MAJMUDAR & SMT.R.P.SONDURBALDOTA , JJ. DATED : 16TH OCTOBER, 2008. P.C. 1. Heard the Advocates for the parties. 2. Considering the facts & circumstances of the case as well as considering the submission of the learned counsel for the applicant that in case of pillion rider in connection with the same accident, it has been held that the driver of the motor was negligent to the extent of 50%, the delay in filing the appeal is condoned. The applicant is directed to pay cost of Rs.3,000/- to the respondent Nos.1 to 5. Costs to be deposited by the applicant within a period of three weeks from today with the Trial Court. Delay is condoned subject to payment of costs to the respondents within the stipulated period. The civil application stands disposed of accordingly. 3. Registry is directed to place this matter for admission on 23-10- 2008. Since the matter is fixed on 23-10-2008, the applicant can request the Tribunal not to disburse the amount till 22-10-2008. ( R.P.SONDURBALDOTA J. ) ( P.B.MAJMUDAR, J. )