United India Insurance Company Ltd Through Divisional Manager Osmanpura Aurangbad v. Manisha Ashruba Kharat And ORS

2026:BHC-AUG:12631 924-CA-13787-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 13787 OF 2025 IN FA/1466/2010 UNITED INDIA INSURANCE COMPANY LTD THROUGH DIVISIONAL MANAGER OSMANPURA AURANGBAD

VERSUS

MANISHA ASHRUBA KHARAT AND ORS ....

Mr. Swapnil S. Rathi, Advocate for the Applicant Mr. Ram B. Deshpande, Advocate for Respondent Nos. 1 to 5 ....

CORAM : Y. G. KHOBRAGADE, J.

DATE : March 24, 2026 PER COURT :- 1.

Having regard to the submissions canvassed on behalf of both the sides, I have gone through the record. 2.

By the present application, the applicant / appellant Insurance Company prayed for condonation of delay of 3120 days caused while filing application for bringing the legal heirs of deceased respondent No.6 on record as well as setting aside of the abatement.

3.

The learned counsel for respondent Nos. 1 to 5 / original claimants has raised no objection.

(( 2 )) 924-CA-13787-2025 4.

Despite service, none appeared for non-applicant Nos. 6-A to 6-D, the legal heirs of non-applicant No.6. 5.

On the grounds set out in the application, the delay of 3120 days caused in filing the present application for bringing the legal heirs of deceased non-applicant No.6 is hereby condoned. The abatement is hereby set aside. The appellant / Insurance Company is permitted to bring the legal heirs of deceased non-applicant No.6 on record.

6.

After the necessary amendment is carried out, issue notice to respondent Nos. 6-A to 6-D, returnable on 07.04.2026. 7.

In addition to the regular mode, the applicant is permitted to serve respondent Nos. 6-A to 6-D by speed post. 8.

Deficit court fees of Rs.40/- shall be paid by the applicant / Insurance Company, within a period of three weeks. 9.

Civil application is accordingly disposed off. [ Y. G. KHOBRAGADE, J. ] SMS