Bombay High Court

National Insurance Co. Ltd. through its Divisional Manager, AhmednagarversusKunal Rajendra Kadam and Others

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 19‑day delay and allowed the first appeal to be registered.

Summary

The National Insurance Co. Ltd. filed a civil application seeking condonation of a 19‑day delay in filing its first appeal against an order of the Motor Accident Claim Tribunal. The Court examined the reasons for the delay and, finding them satisfactory, allowed the application, thereby condoning the delay and directing that the appeal be registered. The Court also issued a stay on the execution of the impugned order, subject to the appellant depositing the entire amount with interest in the Tribunal's office. The stay remains in effect until the next hearing date. The application was subsequently disposed off after these orders.

Issues considered

Whether a delay of 19 days in filing a first appeal can be condoned under the procedural law.

Subjects

condonation of delay
first appeal
civil procedure
stay of execution
motor accident claim

Judgment

                                      (1)                13-CA-9622-2026




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD
                 13 CIVIL APPLICATION NO. 9622 OF 2026
                           IN FAST/22910/2026
      National Insurance Co. Ltd. Through Its Divisional Manager,
                             Ahmednagar
                               VERSUS
                   Kunal Rajendra Kadam And Others
                                WITH
                 CIVIL APPLICATION NO. 9623 OF 2026
                         IN FAST/22910/2026
                                   ...
Mr. Shrikrishna R. Bodade, Advocate for Applicant.
Mr. Amol S. Gandhi, Advocate for Respondent No.1.

                                     CORAM : KISHORE C. SANT &
                                             JITENDRA JAIN, JJ.

                                     DATE   : 03rd SEPTEMBER 2026.

PC :-

CA/9622/2026

1.      Heard learned Advocate for the Applicant and learned Advocate

for Respondent/claimant.

2.      This civil application is filed for condonation of delay of 19 days

caused in filing the first appeal.

3.      For the reasons stated in the application, application is allowed.

Delay stands condoned. Office to register the first appeal.
                                           (2)                    13-CA-9622-2026




4.           With these, civil application stands allowed.

FIRST APPEAL

5.           Heard.

6.           Issue notice to the Respondent, returnable on 29/10/2026.

7.           Learned Advocate Mr. Gandhi waives service of notice for

Respondent/original claimant.

CA/9623/2026

8.           Till the next date, there shall be stay to the execution,

implementation of the impugned order subject to appellant depositing

entire amount in the office of this Court alongwith interest as per

impugned judgment and award before the next date.

9.           The amount be deposited in the Court of learned Motor Accident

Claim Tribunal, Kopergaon.

10.          With these, civil application stands disposed off.



     [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE

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