1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CIVIL APPLICATION (F) NO. 2481 OF 2009 IN FIRST APPEAL (St.) NO. 13936 OF 2009 (Oriental Insurance Co.Ltd. ..vs.. Smt. Dwarkabai D/o Shivram Nimbalkar and others) =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. D.N.Kukday, Advocate for the Appellant-applicant C ORAM : F. M. REIS, J. DATED : 11th JANUARY, 2010. Heard learned counsel for the appellant- applicant. None for the respondents, though served. This is an application for condonation of delay of 485 days in filing the First Appeal against the Award dated 31st January, 2008 passed by the learned Member, Motor Accidents Claims Tribunal, Akola in M.A.C.P. No. 108/2004. The main ground for the delay caused in filing the above appeal is on account of inadvertence on the part of the applicant-appellant in scrutinizing the Award passed by the learned Member, M.A.C.T., Akola with regard to the effect of the said award directing the payment of compensation as joint and several. The said facts have been stated on 2 affidavit by the Divisional Manager of the applicant. The respondents, though served, have chosen to remain absent, nor they filed any reply opposing the application for condonation of delay. The facts stated in the application, as such, stands controverted. On perusal of the record, I find that though there was some negligence on the part of the applicant in approaching this Court in filing the First Appeal, nevertheless, it cannot be said that there was any gross negligence, which would dis-entitle the applicant in filing the First Appeal. There are no allegations of deliberate delay or mala fides on the part of applicant in approaching this Court, belatedly. In the facts and circumstances of the case, the application for condonation of delay of 485 days in filing the First Appeal is granted, subject to payment of costs of Rs.1,500/- (Rupees One thousand Five Hundred only) to the High Court Legal Services Sub Committee, Nagpur. Civil Application is allowed and disposed of accordingly. JUDGE. Diwale