Bombay High Court

PUNAM AMIT CHATE AND ORSversusKRISHNA LAXMAN GENDALE AND ANR

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: ABHAY S WAGHWASE

Holding

The Court condoned the delay in filing the appeal but denied the claimants any interest for the delayed period.

Summary

The applicants, heirs of the deceased Amit Chate, filed a Motor Accident Claim Petition under Section 166 of the Motor Vehicles Act, which was decided by the M.A.C.T., Beed on 20 February 2016. They sought to appeal the tribunal's judgment but filed the appeal 159 days late, and therefore filed a civil application for condonation of delay. The respondent, United India Insurance Company, opposed condonation and argued that if the delay were condoned, the claimants should not receive interest for the delayed period. The High Court considered the submissions and noted the substantial delay, granting condonation of the appeal but refusing any interest for the period of delay. Consequently, the civil application was allowed, the appeal was permitted to be filed, and the claimants were barred from claiming interest for the 159‑day delay.

Issues considered

Whether the 159‑day delay in filing the appeal against the M.A.C.T. judgment can be condoned.
Whether the claimants are entitled to interest for the period of delay if the appeal is allowed.

Legislation cited

Motor Vehicles Act — s. 166

Subjects

Motor Accident Claim
Section 166
condonation of delay
interest
insurance
appeal
Motor Vehicles Act

Judgment

2026:BHC-AUG:11685


                                                                       CA-15450-2016
                                                -1-

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               CIVIL APPLICATION NO. 15450 of 2016
                             IN FIRST APPEAL (ST) NO. 33844 OF 2016

                 1.   Punam w/o Amit Chate,
                      Age : 22 years, Occu. Household,
                      R/o : Police Head Quarters, Head Office,
                      Beed, Taluka & District Beed.

                 2.   Atharva s/o Amit Chate,
                      Age : 2 years, Occu. Nil,
                      Since Minor U/G of mother Punam Chate

                 3.   Sunita w/o Baburao Chate,
                      Age : 52 years, Occu. Household,
                      R/o. Police Head Quarters, Head Office,
                      Beed, Taluka and District Beed.           … Applicants
                                                          [Original Claimants]
                            Versus

                 1.   Krishna s/o Laxman Gendale,
                      Age : Major, Occu : Owner & Driver,
                      R/o : Kranti Nagar, Beed,
                      Taluka & District Beed.

                 2.   United India Insurance Company Limited,
                      Through its Branch Manager,
                      Chhatrapati Sankul, Subhash Road, Beed,
                      Taluka and District Beed.               … Respondents

                                                …..
                 Mr. S. S. Sarda, Advocate h/f Mr. Mohit R. Deshmukh, Advocate for
                 the Applicants.
                 Mr. Arun G. Kanade, Advocate for Respondent No.2 (through VC).
                                                 .....

                                        CORAM :       ABHAY S. WAGHWASE, J.
                                        Reserved on         : 17.03.2026
                                        Pronounced on       : 18.03.2026
                                                          CA-15450-2016
                                   -2-

ORDER :


1.      Instant application is for condonation of delay caused in filing

First Appeal against judgment and award passed by learned M.A.C.T.,

Beed dated 20.02.2016 in Motor Accident Claim Petition No. 267 of

2014.



2.      Learned counsel for the applicants pointed out that present

applicants-claimants had instituted above MACP in the capacity of

heirs of deceased Amit Chate, who died in vehicular accident dated

18.05.2014, by invoking Section 166 of Motor Vehicles Act. That, said

claim petition was decided by M.A.C.T., Beed vide judgment and

order dated 20.02.2016. That, however, contributory negligence has

been attributed to deceased also and, amongst other grounds, appeal

is to be preferred. However, there is delay of 159 days caused in filing

appeal and therefore the same is sought to be condoned in the

interest of justice.



3.      Learned counsel Mr. Kanade for the respondent-insurance

company, who appeared through VC, strongly opposed but submitted

that, if this court is inclined to condone the delay, then claimants shall

not be entitled for interest for the delayed period.
                                                         CA-15450-2016
                                   -3-




4.     After considering above submissions, it seems that against the

judgment and award of M.A.C.T., Beed, appeal is sought to be

preferred by the legal heirs of deceased, who met road traffic accident

and died in the same. Apparently, judgment and award of the tribunal

is of 2016. Instant Civil Application is also apparently of 2016. There

is delay of 159 days in preferring appeal. Therefore, respondent

insurance company is justified in objecting to grant of interest for the

said delayed period if at all applicants succeed in the appeal. Hence,

following order :

                                 ORDER

I.    Civil Application is allowed in terms of prayer clause (B). Delay
      stands condoned. Registry to register the First Appeal.


II.   Applicants-claimants shall not be entitled to receive interest for
      the delayed period i.e. of 159 days.



                                             [ABHAY S. WAGHWASE, J.]



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