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 stay of execution, conditional upon the insurer depositing the full 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 in favor of the respondents, Parmeshwar Niwutti Sable and others. The court examined whether the delay in filing the application could be condoned and whether a stay could be granted pending payment of the award. It held that the delay could be condoned under the prayer clause B and that a stay could be granted provided the insurer deposited the full award amount with accrued interest within four weeks. The stay would be vacated automatically if the deposit was not made within the stipulated period. The application was consequently disposed, and a notice for first appeal was issued to the respondents.

Issues considered

Whether the court may condone the delay in filing the civil application.
Whether a stay of execution of the Motor Accident Claims Tribunal award can be granted subject to the insurer depositing the award amount with interest.

Subjects

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

Judgment

2026:BHC-AUG:37330



                                                                                  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.)
marathe

Continue reading with your account

Checking your session…