United India Insurance Company Ltd Aurangabad v. Shubham Sharadra Kale And Others

2026:BHC-AUG:4559 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11197 OF 2025 IN FAST/30737/2025 United India Insurance Company Ltd Aurangabad

VERSUS

Shubham Sharadra Kale And Others ...

Mr. M. R. Deshmukh, Advocate for Applicant Mr. B. S. Dhawale, Advocate for Respondent nos.1 to 3 WITH CIVIL APPLICATION NO. 982 OF 2026 IN FAST/30737/2025 WITH CIVIL APPLICATION NO. 11198 OF 2025 IN FAST/30737/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 02ND FEBRUARY, 2026 PER COURT :- CIVIL APPLICATION NO. 11197 OF 2025 This is an application for condonation of delay of 95 days caused for filing of First Appeal.

Perused the Application. Heard learned Advocates for both Considering the reasons stated in the application and the period of delay, it would be proper to allow the application in the interest of justice. Hence, the following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 95 days caused for filing of First Appeal is condoned.

c.

-2CIVIL APPLICATION NO. 982 OF 2026 This is an application for permission to withdraw the amount deposited in this Court under the impugned judgment and award.

Perused the application. Heard learned Advocates for both Learned Advocate for the respondents submitted that the learned Tribunal has awarded exorbitant amount of compensation without giving cogent and acceptable reasons. He therefore submitted to reject the application.

4.

Upon perusal of the application and the award and after considering the objections, it would be proper to allow the application partly. Hence, the following order:

ORDER

a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw the 60% amount alongwith accrued interest thereon deposited under the impugned judgment and award on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

-3CIVIL APPLICATION NO. 11198 OF 2025 This is an application for stay to the execution and operation of the impugned judgment and award.

Perused the application. Heard learned Advocates for both Learned Advocate for the appellant/Insurance Company submitted that the entire award amount under impugned judgment and award is deposited in this Court.

4.

Considering the above fact, it would be proper to allow the application and is allowed in terms of prayer clause 'B'. 5.

FIRST APPEAL ST. NO.30737 OF 2025 Issue notice to the respondents, returnable on 16.03.2026. Learned Advocate Mr. B. S. Dhawale waives service of notice for respondent nos.1 to 3.

Call Record and Proceedings.

(SANJAY A. DESHMUKH, J.) Rushikesh/2026