Shyam Ganpati Sathe v. The Royal Sundaram Alliance Insurance Company Ltd And ANR

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13195 OF 2022 IN FAST/24493/2022 WITH CIVIL APPLICATION NO. 13196 OF 2022 IN FAST/24493/2022 WITH ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD.

VERSUS

GANPATI EKNATH SATHE, DELTED AND OTHERS ......

Mr. Mohit R. Deshmukh, Advocate for Applicant. Mr. H. B. Nandagawale h/f. Mr. Ramraje D. Kawade, Advocate for Respondents ......

WITH CIVIL APPLICATION NO. 8436 OF 2025 IN FAST/24493/2022 SHYAM GANPATI SATHE

VERSUS

ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. AND ANR. ......

Mr. H. B. Nandagawale h/f. Mr. Ramraje D. Kawade, Advocate for Applicant. Mr. Mohit R. Deshmukh, Advocate for Respondent No.1 ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 08 AUGUST 2025 PER COURT :

CIVIL APPLICATION NO. 13195 OF 2022 :

1.

This is an application for condonation of delay of 92 days caused in filing appeal against judgment and award passed by the learned Member of Motor Accident Claims Tribunal, Osmanabad.

-22.

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

Learned Advocate for the respondents strongly opposed pointing out that there is no plausible explanation for the delay. 4.

After going through the application and for the reasons mentioned in the application and in the interest of justice and fair opportunity, delay so caused requires to be condoned. The application stands allowed and disposed of. Delay stands condoned. 5.

Registry to verify and to take further steps. 6.

Issue notice to the respondents in First Appeal, returnable within eight weeks. Learned Advocate Mr. H. B. Nandagawale h/f. Mr. Ramraje D. Kawade, waives notice on behalf of respondents. 7.

List the First Appeal for final hearing on 04.09.2025.

-38.

If, for any reasons, the matter is not heard on 04.09.2025, the applicant in Civil Application No. 8436 of 2025 is permitted to press for withdrawal.

CIVIL APPLICATION NO. 13196 OF 2022 :

9.

This is an application seeking stay to the effect and operation of the impugned Judgment and Award.

10.

There is no dispute that, the Insurance Company has deposited the entire amount under the Award along with interest accrued thereon. Therefore, the stay granted by the order dated 19.09.2022 is made absolute and the Application is disposed off in terms of Prayer Clause "B".

(ABHAY S. WAGHWASE, J.) Tandale