Bombay High Court

Manager United India Insurance Co LtdversusShantabai Vitthal Pawar and others

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: Y G KHOBRAGADE

Holding

The Court condoned the 49‑day delay in filing the appeal.

Summary

The Manager of United India Insurance Co Ltd filed a civil application seeking condonation of a 49‑day delay in filing an appeal against a judgment and award dated 21‑April‑2025 passed by the Commissioner for Employees Compensation. The insurer argued that the delay was caused by the time taken to obtain certified copies of documents and to secure approval from its competent authority. Respondents Nos. 1‑3 did not seriously object to the condonation request, and respondents Nos. 4‑5 were absent. The Court examined whether the delay could be justified under the principles of equity and procedural law. Finding the applicant’s explanation satisfactory and noting the lack of serious opposition, the Court allowed the application and condoned the 49‑day delay, directing the registration of the appeal on 1‑April‑2026.

Issues considered

Whether a delay of 49 days in filing an appeal against a judgment of the Commissioner for Employees Compensation can be condoned.

Subjects

condonation of delay
appeal
employees compensation
civil procedure
insurance

Judgment

                                                           908ca973-26

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

               CIVIL APPLICATION NO. 10163 OF 2025
                        IN FAST/26001/2025

                 Manager United India Insurance Co Ltd
                               VERSUS
                  Shantabai Vitthal Pawar And Others
                                  …
Mr. Mundada Vinodkumar Radhakishan, Advocate for Applicant
Mr. Shaikh Ashraf Patel h/for Mr. A. P. Avhad, Advocate for non
applicant nos. 1 To 3,
Mr. Adinath B. Jagtap, Advocate for Respondents 4 And 5- Absent
                                 WITH
               908 CIVIL APPLICATION NO. 973 OF 2026
                         IN FAST/26001/2025
                                 WITH
                CIVIL APPLICATION NO. 10164 OF 2025
                         IN FAST/26001/2025

                     CORAM     : Y. G. KHOBRAGADE, J.
                    Dated      : 18th March, 2026

PER COURT :-
1.      Heard Mr. Mundada, the learned counsel for the applicant

Insurance Company and Mr. Ashraf Patel, the learned counsel

appearing for respondent Nos. 1 to 3. Despite service, none appeared

for respondent Nos. 4 and 5.


2.      By the present application, the applicant Insurance company

is seeking condonation of delay of 49 days caused while lodging appeal

against the judgment and award dated 21.04.2025 passed in

Application (WC) No. 06 of 2019 by the learned Commissioner for

Employees Compensation.


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                                                                        908ca973-26

           3.      The applicant has contended that after passing of the

           impugned judgment & award, some time has been consumed in

           collecting the certified copies of the documents as well as for taking

           approval from the competent authority. Non-applicant nos. 1 to 3 have

           not seriously objected the application.    Therefore, considering the

           grounds set out in the application, it would be just and proper to

           condone the delay of 49 days caused in lodging the appeal.


           4.      In view of the above, Civil Application No. 10163 of 2025 is

           hereby allowed and the delay of 49 days is condoned.


           5.      Office to Register the First Appeal and place before this court

           for consideration alongwith other other pending applications on

           01.04.2026.




                                                       ( Y. G. KHOBRAGADE, J. )
JPChavan




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