IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 600 OF 1995 IN FIRST APPEAL ST. NO. 2667 OF 1995 THE ORIENTAL INSURANCE CO. LTD. ..APPLICANT V/S HASSAN SAYED HAKIM SAYED & ORS. ..RESPONDENTS MRS. A.A. AGARWAL FOR THE APPLICANT. MR. T.T. MENDON FOR THE RESPONDENT NO.1 AND 2. CORAM: A. S. OKA, J. CORAM: A. S. OKA, J. CORAM: A. S. OKA, J. DATE : 8TH FEBRUARY, 2008. DATE : 8TH FEBRUARY, 2008. DATE : 8TH FEBRUARY, 2008. P.C. 1. Heard Advocate for the Applicant and the Advocate for Respondent Nos. 1 and 2. This application is preferred by the Applicant Insurance Company for condonation of delay in preferring the Appeal against the Judgment and Award dated 29th July 1994 passed by the learned Member of the Motor Accident Claims Tribunal in a Claim Petition under section 110A of the Motor Vehicles Act, 1939. The accident is of the year 1985. The claim for compensation is on account of a fatal accident. The Claim Petition of the year 1985 was decided in 1994. The present Civil Application filed in the year 1995 came up on board on 20th December 2007. This court passed an order on that date directing the : 2 : Applicant to serve private notice to the third Respondent. As per the Affidavit of Service, the third Respondent is not served and notice issued to him through courier service is returned back with the remark "person untraceable". The learned Advocate for the Applicant seeks further time for effecting service to the said Respondent. Considering the fact that the impugned award is of the year 1995 arising out of a claim Petition where the accident had taken place in the year 1985, further time cannot be granted. Hence the Application is dismissed for non prosecution as against the third Respondent. Sufficient cause is made out for condonation of delay. Application is allowed in terms of prayer clause (a). --- (A. S. OKA, J) (A. S. OKA, J) (A. S. OKA, J)