Bombay High Court

Bharti Axa General Insurance Co. Ltd.versusArchana W/o Parasram Wadje and Others

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the delay was not deliberate and thus condoned, and granted a stay of the Tribunal’s award conditioned upon full deposit of compensation within twelve weeks.

Summary

Bharti Axa General Insurance Co. Ltd. filed two civil applications before the Bombay High Court, Aurangabad Bench. The first sought condonation of a 19‑day delay in filing its first appeal, arguing the delay was not deliberate. The court, after hearing Mr. R.H. Dahat, accepted this explanation and allowed the condonation in the interest of justice. The second application requested a stay of the Tribunal’s impugned judgment and award, contingent upon the insurer depositing the full compensation amount within twelve weeks. The court granted the stay on that condition, stipulating automatic vacating of the stay if the deposit was not made, and disposed of the stay application accordingly. The court also issued notice to respondents for the first appeal, setting a return date of 09‑09‑2026.

Issues considered

Whether a 19‑day delay in filing the first appeal can be condoned.
Whether a stay of the Tribunal’s judgment should be granted subject to deposit of compensation.

Subjects

condonation of delay
stay of execution
civil procedure
insurance
tribunal award

Judgment

2026:BHC-AUG:23809


                                                                               ca6048.26
                                                   -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             940 CIVIL APPLICATION NO. 6048 OF 2026
                                              WITH
                               CIVIL APPLICATION NO. 6049 OF 2026
                                        IN FAST/13885/2026

                                Bharti Axa General Insurance Co. Ltd.
                                               VERSUS
                              Archana W/o Parasram Wadje and others
                                                   ...
                 Advocate for Applicant : Mr. R.H. Dahat
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 17th JUNE, 2026

                 PER COURT :-


                 1.        The civil application No.6048 of 2026 is filed for

                 condonation of delay of 19 days caused in filing the first appeal.

                 Perused the application and heard learned advocate for the

                 applicant. Considering the reasons stated in the application, it

                 appears that the delay caused is not deliberate.       Therefore, the

                 application is allowed.    The delay caused in filing the appeal is

                 condoned in the interest of justice.



                 2.        In so far as civil application No. 6049 of 2026 is concerned,

                 the same is filed seeking stay to the impugned judgment and award

                 passed by the Tribunal. Perused the application.       Heard learned

                 advocate for the applicant.     Considering the peculiar facts of the
                                                             ca6048.26
                                    -2-

case, stay is granted subject to deposit of entire amount of

compensation within twelve (12) weeks from today. If the amount is

not deposited within the aforesaid period, the stay shall stand

vacated automatically without further reference to the court. In those

terms, civil application for stay is disposed of.



3.        In first appeal, issue notice to the respondents, returnable

on 09.09.2026. Call for record and proceedings.



                                     (SANJAY A. DESHMUKH, J.)

rlj/

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