United India Insurance Co. Ltd. v. Narsing Sudam Thube And ORS

2025:BHC-AUG:32935 43-CA-10794-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10794 OF 2016 IN FAST/21614/2016 United India Insurance Co. Ltd.

VERSUS

Narsing Sudam Thube And Ors ...

Mr. Anand Dale h/f Mr. S. S. Rathi, Advocate for Applicant Mr. R. B. Dhakane, Advocate for Respondent No. 1 ***

CORAM

: ABHAY S. WAGHWASE, J DATE : DECEMBER 01, 2025 PC :

1.

Instant application is filed for condonation of delay of 37 days caused in filing appeal against judgment and award passed by the learned Motor Accident Claims Tribunal, Aurangabad.

2.

Learned Advocate for applicant pointed out that reasons for delay are spelt out in civil application and stated that, there is no deliberate and intentional delay and, therefore, in the interest of justice and fair opportunity, delay so caused is sought to be condoned. 3.

Learned Advocate for the respondent No.1 raised objection to condone the delay.

4.

For the reasons mentioned in civil application, more particularly, in paragraph nos.3 to 5 and in the interest of justice and fair

43-CA-10794-2016.odt opportunity, delay so caused is required to be condoned. Hence, the following order is passed :-

ORDER

(i) The application is allowed in terms of prayer clause 'B'. (ii) Registry is directed to register the Appeal.

(iii) In First Appeal, issue notice to the respondents, returnable within eight weeks. Learned Advocate Mr. Dhakane waives service of notice on behalf of respondent No.1. (iv) Call record and proceedings.

(ABHAY S. WAGHWASE, J.) Umesh