1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.NO. 7572 OF 2008 IN FA ST. NO. 15133/2008 (Subhash Sampatrao Bhirad vs. Smt. Lata Prabhudas Kate & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 25, 2009. Heard Shri Joshi, Advocate for the applicant/ appellant. The owner of the alleged offending vehicle has preferred this application for condoning delay of 343 days in filing First Appeal under Motor Vehicles Act. The reason given is of insanity and treatment. The claimants Respondents No. 1 to 3 are served but there is no appearance on their behalf. Shri Somani, learned counsel for respondent No. 4 – Insurance Company is strongly opposing the prayer for condonation of delay. However, the application is supported by the affidavit of the owner after his recovery and also Doctor's certificates. This Court had directed 50% of the amount to be deposited on 17.10.2008 and accordingly, the amount has been deposited. 2 In these circumstances, I do not find any malafides in the matter. The delay is, therefore, condoned. The office to register First Appeal and place it for further consideration. JUDGE *GS.