1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No. 8198/2008 in F.A.St. No. 13862/2008 Suresh Shamrao Uieke ..vs.. The New India Assurance Co. Ltd. and anr. Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. Asgar Hussain, Advocate for appellant. Ms P. G. Pali, Advocate for respondent no.1. Coram: R. K. Deshpande, J. Date : February 25, 2010 1. The office objection shows that the applicant has not taken any steps for bringing the legal representatives of non applicant no.2 who is reported to be dead. 2. Mr. Hussain, learned counsel for the applicant submits that non applicant no.2 was the owner of the vehicle and in view of provisions of Section 155 of the Motor Vehicles Act, 1988, the cause of action survives against non applicant no.1, New India Assurance company in spite of death of owner of the vehicle. 3. In view of this, the application is taken up for hearing. Heard learned counsel for the parties. 4. After going through contents of the application, I am satisfied that sufficient cause has been made out for 2 condonation of delay. Hence, the application is allowed. The delay caused is condoned. The application stands disposed of accordingly. First appeal be put up for admission. First Appeal Stamp No. 13862/2008 Issue notice to respondent returnable on 25.03.2010. Ms. Pali, Advocate waives notice for respondent no1. J UDGE kahale