Bombay High Court

United India Insurance Company Limited through its Authorized OfficerversusParmeshwar Niwutti Sable and Ors.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court condoned the delay and granted a conditional stay of execution of the award, subject to the applicant depositing the award amount with interest within four weeks.

Summary

The United India Insurance Company filed a civil application seeking condonation of delay and a stay of execution of a Motor Accident Claims Tribunal award dated 06.01.2026. The court examined whether the delay in filing the application could be condoned and whether a stay of the award's execution was warranted. It allowed the condonation of delay as per the applicant's prayer clause B. The court also granted a stay of the award, conditional upon the applicant depositing the full award amount with accrued interest within four weeks, failing which the stay would be vacated. The application was consequently disposed, and a notice for first appeal was issued to the respondents.

Issues considered

Whether the court should condone the delay in filing the civil application.
Whether a stay of execution of the Motor Accident Claims Tribunal award should be granted.
Whether the stay should be conditioned on the deposit of the award amount with interest.

Subjects

condonation of delay
stay of execution
Motor Accident Claims Tribunal
insurance claim
civil application
award deposit condition

Judgment

2026:BHC-AUG:37329



                                                                                  37
                                               -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         37 CIVIL APPLICATION NO. 7473 OF 2026
                                             IN
                                    FAST/19719/2026
                                            WITH
                                     FAST/19719/2026
               UNITED INDIA INSURANCE COMPANY LIMITED THROUGH ITS
                                  AUTHORIZED OFFICER
                                           VERSUS
                         PARMESHWAR NIWUTTI SABLE AND ORS.
                                             ...
              Advocate for Applicant : Mr. Rameshwar Fakirchand Totala
                                             …

                                           WITH
                             CIVIL APPLICATION NO. 7474 OF 2026
                                             IN
                                      FAST/19719/2026

                                                …

                                           CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 18.08.2026


              PER COURT :-

              1.            Heard learned counsel for the Applicant – Insurance
              Company.


              C. A. FOR DELAY

              2.            For the reasons stated in the application         for

              condonation of delay, the same is allowed in terms of Prayer

              Clause ‘B’.
                                                                     37
                                    -2-

C. A. FOR STAY

3.           There shall be stay to the execution and operation of

Judgment and award dated 06.01.2026 in MACP No.146 of 2024

(old M.A.C.P. No.293 of 2022), passed by the leaned Member,

Motor Accident Claims Tribunal, Ambad, subject to the condition

of Applicant depositing the entire amount of award along with

accrued interest thereon till date of deposit in this court within a

period of four (04) weeks from today, failing which the stay shall

stand     vacated   without    further    reference   to   the   court.

Accordingly, the Civil Application stands disposed of.


FIRST APPEAL

4.           Issue notice to the Respondents, returnable on

15.09.2026.


5.           Apart from the court notice, the Appellant is

permitted to serve the Respondents privately and shall file

service affidavit to that effect.


6.           Call R & P.


                                          (SACHIN S. DESHMUKH, J.)
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