1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4069 OF 2007 IN FIRST APPEAL NO. 688 OF 2004 Banubegum W/o Babulal Shaikh .. .. Applicant Versus Mallikarjun Sangappa Fattepure and others .. .. Respondents WITH CIVIL APPLICATION NO. 4068 OF 2007 IN FIRST APPEAL NO. 688 OF 2004 Banubegum W/o Babulal Shaikh .. .. Applicant Versus Mallikarjun Sangappa Fattepure and others .. .. Respondents Shri Avinash Kshirsagar, Advocate for the Applicant. CORAM : N. D. DESHPANDE, J. DATE : 02ND DECEMBER, 2009. 2 ORAL ORDER : 1. These are the two applications for condonation of delay caused in filing the restoration application and for restoration of appeal against respondent No. 1 and 2. Heard Shri Kshirsagar, learned counsel for the applicant. He submitted that he is not prepared with this case, even to make submissions on the point of application for condonation of delay and application for recalling the order of dismissal against respondent No. 1 and 2. According to me this is a important matter from the point of appellant who ask for the revision of the order passed by the Tribunal on the quantum. The learned Tribunal pleased to grant Rs. 1,50,000/- including Rs. 50,000/- already paid under no fault liability. 2. It is also informed that amount under award is paid by the Insurance Company. The learned counsel for the appellant also agrees that the Insurance Company/respondent No. 4 is only necessary party and he hopes to get additional amount from the Insurance Company and as such, the delay deserves to be condoned and the objection about the notice to the other respondents though not removed in time is not going to materially affect the progress of an appeal. Said objection is set aside. Application for setting aside order dated 07.02.2006 is allowed. It is recalled. Both the applications allowed and disposed of accordingly. 3. First appeal to proceed further. Keep back for final disposal, 3 since appeal is already admitted. This appeal needs to be urgently attended because it is in respect of payment of compensation of deceased dependent who died in a road accident untimely. [ N. D. DESHPANDE, J.] bsb/Dec.09