Sbi General Insurance Co. Ltd., Thr. Its Branch Manager, Nagpur v. Pinky Wd/O Kishore Agrawal And Others

1 4-CAF-3324-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.3324 OF 2025 IN FIRST APPEAL (ST.) NO.20050 OF 2025 SBI General Insurance Co. Ltd., Through its Branch Manager Vs.

Pinky Wd/o. Kishore Agrawal and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.I. Dipwani, Advocate for the Applicant/Appellant. Mr. P.S. Mirache, Advocate for Respondent Nos.1 to 4. Mr. A.M. Chandekar, Advocate for Respondent No.5. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 09 th JANUARY, 1.

Heard learned counsel for the applicant.

2.

This is an application for condonation of delay of 76 days in filing the statutory appeal challenging the judgment and award dated 10.03.2025 by the Member, Motor Accident Claim Tribunal-1, Nagpur.

3.

Learned counsel for the applicant-Insurance Company submits that the delay occurred in the process of seeking necessary approvals and permissions for filing the appeal.

4.

In response to the notice, respondents have appeared and the counsel for original claimants has opposed the application.

5.

Having regard to the contents of the application and submissions advanced, the delay appears to be

2 4-CAF-3324-2025.odt unintentional and needs to be condoned in the interest of justice. The delay of 76 days in filing the appeal is condoned subject to cost of Rs.2,000/- (Rupees Two Thousand Only) to be paid by the appellant to the respondent Nos.1 to 4 within a period of two weeks from today.

6.

In view of above, civil application is allowed and disposed of.

FIRST APPEAL (ST.) NO.20050 OF 2025 7.

Heard learned counsel for the appellant.

8.

Learned counsel for the appellant submits that the primary contentions for challenging the impugned judgment and award 10.03.2025 are with respect to the quantum of compensation as the Learned Tribunal has considered the income of the deceased as Rs.25,000/- (Rupees Twenty Five Thousand Only) per month without there being any cogent evidence in that regards. He submits that the compensation is thus exorbitant. 9.

In view of grounds raised in the appeal, list the appeal on 04.02.2026 for final disposal at the stage of admission.

10.

Call Record and Proceedings from Motor Accident Claims Tribunal, Nagpur.

(PRAFULLA S. KHUBALKAR, J . ) Privel