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Bombay High Court

UNITED INDIA INSURANCE COMPANY LTD THROUGH DIVISIONAL MANAGER OSMANPURA AURANGBADversusMANISHA ASHRUBA KHARAT AND ORS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 3,120‑day delay and set aside the abatement, allowing the insurer to bring the legal heirs of the deceased on record.

Summary

The United India Insurance Company applied to the Bombay High Court seeking condonation of a 3,120‑day delay in filing an application to bring the legal heirs of a deceased claimant (respondent No.6) on record and to set aside the abatement of its claim. The original claimants (respondents Nos.1‑5) raised no objection, and the heirs of the deceased (respondents 6‑A to 6‑D) did not appear despite service. The Court, after considering the submissions, condoned the delay, set aside the abatement, and permitted the insurer to bring the heirs on record, ordering notice to be issued to the heirs and allowing service by speed post. The insurer was directed to pay a deficit court fee of Rs.40 within three weeks, and the civil application was disposed of in the insurer’s favour.

Issues considered

  • Whether a delay of 3,120 days in filing an application to bring legal heirs on record can be condoned under the Civil Procedure Code.
  • Whether the abatement of the insurer's claim can be set aside in view of the condoned delay.

Subjects

  • condonation of delay
  • abatement
  • legal heirs
  • insurance claim
  • civil procedure
  • service of notice
  • court fees

Judgment

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.

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                                   (( 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




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