Per – Hon’ble Mr. S. R. Khanzode, Judicial Member Heard Mr. Jehangir Gai, authorized representative, on behalf of the Applicants/Appellants and Adv. A. S. Vidyarthi on behalf of the Non-Applicant/Respondent No.1 on the application for condonation of delay. [2] There is a delay in filing the appeal and hence this application for condonation of delay. At the outset, it may be mentioned that as per pursis filed by the Applicants/Appellants, they do not want to prosecute the application vis-à-vis the appeal as against the Non-Applicants/Respondent No.2, namely – Smt. Rehana A. Qazi, who was the original Opponent No.2. Since this appeal arises out of dismissal of original Consumer Complaint No.53 of 2008, Smt. Samira Ismail Patel & Ors. Vs. Life Insurance Corporation of India & Anr., by an order dated 25/3/2011 passed by the South Mumbai District Consumer Disputes Redressal Forum (‘the Forum’ in short) on the ground of limitation, we find it appropriate to act upon the said pursis and direct to delete the name of Smt. Rehana A. Qazi as the Opponent No.2 vis-à-vis the Non-Applicant/Respondent No.2 in this application for condonation of delay and the appeal. [3] Alleging deficiency in service on the part of the Non-Applicant/Respondent No.1, namely – Life Insurance Corporation of India (hereinafter referred to as ‘LIC’ for the sake of brevity) for repudiating the insurance claim, the consumer complaint was filed. Said claim arose in respect of insurance policies wherein the risk commenced with effect from 22/3/2002. On the death of one of the insured on 16/1/2003, an insurance claim was lodged with LIC through its authorized agent, namely – Smt. Rehana A. Qazi (original Opponent No.2), supra. Since the claim was repudiated, a consumer complaint was filed on 3/4/2008. Said consumer complaint stood dismissed on the ground of limitation, supra. There is a delay of 30 days in filing the appeal and hence this application for condonation of delay. [4] The reasons mentioned explaining the delay are attributed to the fact that after receiving the copy of the impugned order on 11/4/2011, some time was taken by the Applicants/Appellants to collect all the papers from their trial court advocate and then, since it was followed by summer vacation, the Applicant/Appellant, namely – Smt. Samira Ismail Patel, who is the widow of the insured, took some time to instruct the lawyer to file the appeal. Considering the disability of the widow and further considering the fact that the delay is of short duration and certainly not intentional and no malafides could be attributed; we find the delay is satisfactorily explained. We hold accordingly and pass the following order:- ORDER Miscellaneous Application No.272 of 2011, seeking condonation of delay in filing Appeal No.502 of 2011 is hereby allowed. Consequently, the delay in filing the appeal stands condoned. Both the parties to bear their own costs. Pronounced and dictated on 15th November, 2011 | 
