Bombay High Court

ARTI ARUN RAJEversusRAMESH DAMU BHAVSAR AND ORS.

Decided: 25 August 2026
Disposal: Dismissed

Holding

The appeal was dismissed for non‑prosecution.

Summary

The appellant, Satish Sangar, filed an appeal seeking enhancement of his claim and to hold the insurance company liable. No counsel appeared on behalf of the appellant on the hearing date. The court noted the lack of prosecution of the appeal and consequently dismissed it. The court ordered that the statutory deposit, together with any interest, be transferred to the Motor Accident Claims Tribunal, Alibag, and that court fees be refunded as per the rules. The record and proceedings were to be sent back on a priority basis.

Issues considered

What is the appropriate procedural consequence for an appeal that is not prosecuted or represented before the court?

Subjects

appeal
non‑prosecution
insurance claim
procedural default
Motor Accident Claims Tribunal

Judgment

                                                                                 2-FA-1981-2006.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION


SATISH
                                        FIRST APPEAL NO.1981 OF 2006
RAMCHANDRA
SANGAR
Digitally signed by
SATISH RAMCHANDRA
                      Smt.Arti Arun Raje                                      ...Appellant
SANGAR
Date: 2026.08.27
16:54:26 +0530               V/s.
                      Shri Ramesh Damu Bhavsar and Ors.                       ...Respondents
                                                         *****

                      No one is present:-                   On behalf of the Appellant.
                      Ms.Poonam Mittal:-                    Advocate for Respondent No.3–
                                                            Insurance Company.

                                                    *****
                                               CORAM :            S. M. MODAK, J.
                                               DATE         :     25th AUGUST 2026
                      P. C. :-

                      1.     On 11th August 2026, no one was present on behalf of the
                      Appellant. Today also no one is present.
                      2.     This is an Appeal by the Claimant for enhancement and making
                      the Insurance Company liable.
                      3.     The Appeal is dismissed for non–prosecution.
                      4.     Statutory deposit along with interest, if any, be transferred to the
                      Motor Accident Claims Tribunal–Alibag. Refund of Court Fees as per
                      the Rules. Record and proceeding be sent back on priority basis.



                                                            [S. M. MODAK, J.]


                      Satish Sangar                                                              1/1

Continue reading with your account

Checking your session…