Bombay High Court

MRS. KAZI ALIYA BEGUM W/O MR. VIKRUDDIN KAZI AND ANOTHERversusHAMIDA BEGAM W/O LATE BASHIR SHAH AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The application for condonation of delay is allowed.

Summary

The applicants filed a civil application seeking condonation of delay in pursuing an appeal arising from a motor accident for which two earlier claims (Petition Nos. 573/2011 and 650/2011) had been decided. In those proceedings the insurer was held liable, but a clerical error in recording the driver’s licence number led to the insurer’s exoneration in the present matter. The applicants explained the reasons for the delay, deposited the full award amount with interest, and requested relief. The learned counsel argued that the delay was justified and that the applicants had suffered due to the mistake. The Court, after considering the explanation and the deposit, allowed the application for condonation of delay and directed that the appeal be registered.

Issues considered

Whether the Court should grant condonation of delay for filing the appeal in view of the applicants' explanation and deposit of the awarded amount.

Subjects

condonation of delay
motor accident claim
insurance liability
clerical error
civil application
appeal registration

Judgment

2026:BHC-AUG:41464
                                                 1                    903-CA-13951-25.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 13951 OF 2025 IN FAST/36613/2025

                        MRS. KAZI ALIYA BEGUM W/O MR. VIKRUDDIN KAZI
                                          AND ANOTHER
                                             VERSUS
                      HAMIDA BEGAM W/O LATE BASHIR SHAH AND OTHERS
                                                 ...
                       Advocate for Applicants : Mr. Avinash S. Deshpande,
                                                Mr. Aditya A Puranik.
                      Advocate for Respondents No.1 to 4 : Mr. V. P. Golewar
                     Advocate for Respondent No.5 : Mr. Shrikrishna R. Bodade
                                                 ...

                                          CORAM :        SACHIN S. DESHMUKH, J.
                                          DATE       :   04-09-2026
                PER COURT:-

                1.    The learned counsel for the applicants submits that arising

                out of the same accident, Motor Accident Claims Petition Nos.573

                of 2011 and 650 of 2011 were presented. In those proceedings,

                the insurance company was held liable after its assertion regarding

                a breach of policy terms, concerning the circumstances of the

                accident, was rejected. However, due to an inadvertent error in

                recording the driving license number in the present case, the

                insurance company was exonerated.


                2.    Considering the fact that the applicants-appellants have

                satisfactorily explained the delay and suffered due to the mistake,

                and deposited the entire awarded amount along with accrued

                interest, the application for condonation of delay deserves to be

                allowed.
                                 2                   903-CA-13951-25.odt




2.    The civil application is allowed in terms of prayer clause “B”.

Office to register the appeal.




                                 [SACHIN S. DESHMUKH]
                                         JUDGE

rrd

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