The Orienta Insurance Co. Ltd, Akola Divisional Office Through The Regionan Manager, Nagpur v. Smt. Urmila Wd/O Laxmanrao Kangate And Others

1 30.caf.698.2025

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 698 OF 2025 IN FIRST APPEAL ST. NO.10573 OF 2020 The Oriental Insurance Company Ltd.

..vs..

Smt. Urmila wd/o Laxmanrao Kangate and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.N. Kukday, Advocate for the appellant. CORAM: PRAVIN S. PATIL, J.

DATED : 26/09/2025.

Heard.

2.

By this application, the respondent nos. 1 to 3 states that due to not bringing legal representatives of respondent nos. 4 and 5 on record, the present appeal to be dismissed for not taking necessary steps by the appellant Insurance Company.

3.

Learned Counsel for the appellant states that present respondent nos. 1 to 3 are the legal heirs of respondent nos. 4 and 5, and therefore, there is no need to bring on record the legal heirs of said respondents. Hence the present application is misconceived, and therefore, deserves to be rejected.

4.

Perusal of the application clearly states that the legal representatives of the respondent himself have moved this application though they were aware that they are legal heirs of respondent nos. 4 and 5. This is not the case that there are other legal heirs of respondent nos. 4 and 5 are available and same are not brought on record. 5.

Hence, I am of the opinion that present

2 30.caf.698.2025 application is not sustainable in the eyes of law, and accordingly, the same is rejected.

Civil Application No.1550 of 2020 6.

By this application, applicant/appellant is seeking condonation of 175 days delay in filing the appeal. 7.

As per the averment made in the application, after receipt of the certified copy, the necessary procedure is required to be followed in the matter by the Insurance Company i.e. to seek approval from the Regional Office. Hence, according to the appellant, time was consumed in getting the approval from the Regional Office. 8.

The reasons put forth by the appellant/applicant are not controverted in the matter. 9.

Hence, the application is allowed. Delay stands condoned.

10.

Office to register the appeal and list the same. (PRAVIN S. PATIL , J.

) Trupti