Bombay High Court

THE ORIENTAL INSURANCE CO.LTD.versusSMT.LAJWANTI SEVARAM WADHAWANI and ORS.

Disposal: Disposed Off

Holding

The appeal is dismissed for non‑prosecution due to the appellant's failure to appear.

Summary

The Oriental Insurance Co. Ltd. filed an appeal (First Appeal No. 1063 of 2002) challenging a judgment dated 1 November 2001 that awarded Rs. 79,000 to the mother of a deceased accident victim. The appeal was listed for disposal on 24 September 2026. At the hearing, neither the appellant nor the appellant's counsel appeared, either in person or via video conference. Respondent No. 2 and 3, represented by Advocate Aryan Sawant, sought dismissal of the appeal on the ground of the appellant's absence. The Court, noting the lack of prosecution by the appellant, dismissed the appeal for non‑prosecution.

Issues considered

Whether an appeal may be dismissed for non‑prosecution when the appellant and its counsel are absent from the hearing.

Subjects

appeal
non-prosecution
dismissal
civil procedure
high court

Judgment

                                                                                   907 - FA - 1063 - 2002.docx


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
Digitally signed by
                                            FIRST APPEAL NO. 1063 OF 2002
VAIBHAV RAMESH
JADHAV
Date: 2026.09.24
17:52:46 +0530




                      The Oriental Insurance Co. Ltd.                       … Appellant
                                  V/s.
                      Lajwanti Sevaram Wadhawani & Ors.                     … Respondents

                      None for the Appellant.
                      Mr. Aryan Sawant i/by Mr. Tejpal Ingale for Respondent
                      Nos.2 and 3.



                                                          CORAM         : ASHWIN D. BHOBE, J.

                                                          DATED         : SEPTEMBER 24, 2026
                      P.C.:


                      1.      On 10th September 2026, the following order was passed:


                              “1.    This Appeal is of the year 2002.

                              2.     Mr. Aryan Sawant, learned Advocate, appears for Respondent Nos. 2
                              and 3. He states that he would issue a Advocate’s Notice to the Oriental
                              Insurance Company notifying them of the next date fixed in this Appeal.

                              3.     List this Appeal on 24.09.2026, under the caption “For Disposal”, on
                              the Supplementary Board.”

                      2.      Today, when this Appeal was called out the names of the

                      Appellant/Advocate for the Appellant were called out by the Court

                      Sheristedar. Neither the Appellant nor the Advocate for the Appellant

                      are present physically or through V.C. mode in Court.


                      3.      Mr. Aryan Sawant, learned Advocate, appears for Respondent




                      VRJ                                                                                   1
                                                       907 - FA - 1063 - 2002.docx


Nos. 2 and 3 (i.e., the owner and the driver of the vehicle). He submits

that by the impugned judgment and award dated 1st November 2001,

the claimant, that is, Respondent No. 1, who is the mother of the

deceased Mahipal Sevaram Wadhawani, who met with an accident on

1st January 1993, has been awarded compensation of Rs. 79,000/-

along with the interest.


4.    Mr. Aryan Sawant, learned Advocate for Respondent Nos. 2 and

3, requests for dismissal of this Appeal for the absence of the parties.


5.    In view of the absence of the Appellant / Advocate for the

Appellant, this Court is left with no alternative but to dismiss this

Appeal for non-prosecution.


6.    First Appeal No. 1063 of 2002 is dismissed for non-prosecution.




                                            (ASHWIN D. BHOBE, J.)




VRJ                                                                             2

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