1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6576 OF 2009 WITH CIVIL APPLICATION NO.6577 OF 2009 IN FIRST APPEAL ST.NO.12125 OF 2009. Bhagwat Ramchandra Bendale - APPELLANT VERSUS 1) Shakuntala w/o Shyam Jadhav and others. - RESPONDENTS ***** Mr.SP Shah,Advocate for Appellant; Mr.PF Patni, Advocate for Resp.Nos. 1 to 4; Mr.VR Mundada, Advocate for Resp.No.6. ----- CORAM : K.U.CHANDIWAL, J. DATE : 4th January, 2010. PER COURT : 1) Heard the learned Counsel for the respective parties. 2) There is delay of 406 days in causing to file the appeal. In fact, as pointed by Mr. 2 Shah, the claimants did not allege any assertion of claim against present appellant(Original respondent no.2), however, the liability is jointly fixed by the the Award of the learned Member of MACT, Aurangabad. The delay is not deliberate and is sufficiently explained in the very application. 3) During the Course of submissions, it revealed that the claimants have received at least 50% of the amount from the Insurance company of other vehicle (Respondent no.6 herein). 4) Considering the gravity involved, though the delay appears to be of 406 days, it needs to be condoned and it is accordingly condoned. The application to that extent is allowed. 5) The appellant herein shall, within four weeks from today, deposit 25% of the total claim before learned Member of MACT, Aurangabad. The 3 Stay application in the appeal allowed to the above extent. 6) On such deposit of the amount before the learned Member by the appellant – Bhagwat Ramchandra Bendale, the claimants shall be entitled to receive the amount on the usual terms to be decided by the learned Member. (K.U.CHANDIWAL) JUDGE bdv/ca6576.09