Bombay High Court

ANITA PRAKASH KOLHE AND ORSversusTHE NEW INDIA ASSURANCE CO. LTD. AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 134‑day delay and allowed the first appeal to proceed.

Summary

The applicants, who are the widow and minor children of a deceased motor‑vehicle accident victim, filed a first appeal under Section 173 of the Motor Vehicles Act seeking compensation for death. Their appeal was filed 134 days after the deadline, prompting a petition for condonation of delay. The Court considered the relatively short delay and the nature of the claim, which involved compensation for a death arising from a motor‑vehicle accident. It held that the delay was excusable and allowed the condonation. Consequently, the delay was condoned, the appeal was ordered to be registered, and the civil application was disposed.

Issues considered

Whether a delay of 134 days in filing a first appeal under Section 173 of the Motor Vehicles Act can be condoned

Legislation cited

Motor Vehicles Act — s. 173

Subjects

condonation of delay
Motor Vehicles Act
Section 173
death compensation
civil appeal
motor vehicle accident

Judgment

2026:BHC-AUG:45749




                                              1                             48 ca 9289.16

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 9289 OF 2016
                                            IN
                            FIRST APPEAL STAMP NO. 7221 OF 2016

                        Anita Prakash Kolhe and others              ..   Applicants
                              Versus
                        The New India Assurance Co. Ltd.
                        and others                                  ..   Respondents

                 Shri Ujwal S. Patil, Advocate for the Applicants.
                 Shri Atul B. Gatne, Advocate for the Respondent No. 1.

                                   CORAM : ROHIT W. JOSHI, J.
                                    DATE : 30TH SEPTEMBER, 2026.

                 ORDER :


                 .      There is delay of 134 days caused in filing first appeal
                 U/Sec. 173 of the Motor Vehicles Act.           The applicants –
                 appellants are widow and minor children of the deceased. The
                 claim is a death claim.


                 2.     Having regard to the fact that the delay is only of 134 days
                 and also to the fact that appeal is arising out of a claim for
                 compensation on account of death in a motor vehicle accident,
                 application for condonation of delay is allowed.


                 3.     The delay stands condoned. Office shall register the first
                 appeal. The civil application is disposed of.

                                                     [ROHIT W. JOSHI, J.]
                 bsb/Sept. 26

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