1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application No. 3442 of 2004 Sheela Janrao Dharmale Vs. Ram-Ashraya Chavan & ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri P. S. Patil Adv. for applicant. Shri Doifode Adv. for respondent No.5. Shri Pophaly Adv. for respondent No.3. CORAM: C. L. PANGARKAR J. Dated: 7 th April, 2008. Heard counsel for the applicant and the respondent. This application has been filed for condonation of delay in preferring appeal against the award passed by the Motor Accident Claims Tribunal. The appellants are dissatisfied with the award passed by the 2 MACT. It is contended that the appeal could not be preferred because of the fact that appellants were unable to pay the court fee and were unable even to apply for certified copy for want of funds. It was contended that the appellants family had lost the only bread earner and therefore they did not have sufficient funds to file appeal. Learned counsel for the respondents opposes the application on the ground that there is no just ground for condoning the delay and the appellant has no good case on merits. After having heard the learned counsel for the appellants and the respondents I find that the delay needs to be condoned. It is specifically mentioned that appellants could not make provision for money for filing appeal and as soon as 3 amount of compensation is received an appeal has been filed. It appears that the appellant No.1 widow was the only major person in the family and the other appellants were all minors at the time the deceased died. In view of this I find that the delay needs to be condoned. There appears to me that there is evidence with regard to the income of deceased on record. In view of this delay in filing appeal stands condoned. JUDGE svk