1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.1619 OF 2009 IN FIRST APPEAL STAMP NO.1517 OF 2009 National Insurance Co. Ltd. ... APPLICANT VERSUS Majeda Begum w/o Kalimuddin and others ... RESPONDENTS ----- Shri R.P. Dhase, Advocate holding for Shri A.H. Vaishnav, Advocate for the applicant ----- CORAM : SHRIHARI P. DAVARE, J. DATED : 7th September, 2009. ORAL ORDER : 1. Perused. Heard learned counsel for the applicant. 2. The applicant has preferred this application for condonation of delay of 17 days in filing the accompanying First Appeal under Stamp No.1517/2009, challenging the judgment and award rendered by learned Motor Accident Claims Tribunal and District Judge-3, Parbhani in Motor Accident Claim Petition No. 2 119/2005, on 8.9.2008. 3. The applicant contends that, after passing the judgment and award dated 8.9.2008, the applicant applied for certified copies thereof on 19.9.2008 and same were delivered on 5.10.2008. Hence, calculating the period of limitation of 90 days, plus copying days (18 days), the last date for filing the First Appeal was 25.12.2008. However, since there were Christmas Vacation from the said date, the First Appeal could have been filed on the opening day after Christmas Vacation i.e. 5.1.2009 and accordingly the Advocate for the applicant kept the matter ready for filing on 5.1.2009. However, the applicant contends that the Divisional Office of applicant at Aurangabad was not having funds to meet the legal expenses and hence, time was consumed in filing the accompanying First Appeal, resulting into delay of 17 days in filing thereof. Accordingly, the applicant submits that the delay caused in filing the accompanying First Appeal is not inordinate, deliberate and willful and henc,e the applicant prays that the delay of 17 days in filing the accompanying First Appeal be condoned in the interest of justice. 4. Considering the facts and circumstances and the account of dates given by the applicant in the present application, it appears that the delay of 17 days caused in filing the 3 accompanying First Appeal is not inordinate and it is neither intentional nor deliberate and hence, same is required to be condoned in the interest of justice. 5. Besides, the applicant is required to be given opportunity to prosecute the accompanying First Appeal on merits and, therefore also the present application is required to be allowed and if the delay is condoned, no prejudice will be caused to the respondents. 6. In the circumstances, the present application is allowed in terms of prayer clause (A) thereof and delay of 17 days caused in filing the accompanying First Appeal stands condoned and accompanying First Appeal be registered and numbered accordingly. [SHRIHARI P. DAVARE, J.] fmp/ca1619.09