1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 10139 of 2006 IN FIRST APPEAL ST. NO. 10916 of 2006 Maharashtra State Road Transport Corporation, through its Divisional Controller, MSRTC, Dhule Division, Dhule ... Appellant VERSUS Gokulabai Narayan Rathod & others .... Respondents ..... Shri D.S. Bagul, advocate for the applicant. Shri A.B. Gatne, advocate for respondent Nos. 1 & 5. Civil Application is dismissed against respondent No. 3 & 4. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 09th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant has preferred the present application for condonation of delay of 258 days caused in filing the 2 accompanying First Appeal, challenging the judgment and award dated 06-10-2005 rendered by by learned Member, Motor Accident Claim Tribunal, Nandurbar in M.A.C. Petition No. 219 of 2000. 3 On perusal of the averments in the present application and after considering the submissions advanced by learned counsel for the applicant it appears that the applicant has explained the reasons for delay caused in filing the accompanying First Appeal in para Nos. 3,4 & 5 of the present application satisfactorily. 4 Learned counsel for the respondent Nos. 1 to 5 opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. Hence it appears that the delay occurred in filing the accompanying First Appeal is not deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 258 days caused in filing the accompanying First Appeal stands condoned. Accompanying 3 First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) SDM/CA10139.06