National Insurance Co Ltd v. Shakuntala Kishor Singh And ORS

929 CA NO. 3033 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 3033 OF 2026 IN FAST/7747/2025 Shakuntala Kishor Singh And Anr.

VERSUS

National Insurance Company Ltd. And Anr.

...

Mr. Jagtap Amol Tanajirao, Advocate for Applicant Mr. Atul Bhaskar Gatne, Advocate for Respondent No.1 WITH CIVIL APPLICATION NO. 3662 OF 2025 IN FAST/7747/2025 WITH CIVIL APPLICATION NO. 3663 OF 2025 IN FAST/7747/2025 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 13.03.2026 PER COURT :- APPLICATION FOR WITHDRAWAL OF AMOUNT This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard.

Learned advocate for respondent No.1 strongly opposed the application. He submitted that the policy was not valid as the accident occurred outside the physical area covered by the policy. He prayed to reject the application.

(( 2 )) 929 CA NO. 3033 OF 2026 4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. APPLICATION FOR DELAY Heard.

This is an application for condonation of delay of 19 days caused in filing the first appeal.

Learned Advocate for respondents strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

4.

Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the

(( 3 )) 929 CA NO. 3033 OF 2026 delay is neither deliberate nor intentional. Hence, the following order:

::ORDER::

a.

Civil Application is allowed.

b.

The delay of 19 days caused in filing the first appeal is condoned.

c.

The application is disposed of.

FIRST APPEAL Issue notice to the respondents, returnable on 07.05.2026.

Learned Advocate Mr. Amol T. Jagtap waives service of notice for Respondent Nos.1 and 2. Learned advocate for the appellant is directed to provide copy of the appeal memo and other relevant documents to the respondents.

Call Record and Proceedings.

[ SANJAY A. DESHMUKH, J. ] HRJadhav