Bombay High Court

NAMDEO SOPAN NALWADE AND ANR.versusSMT. SHAMSHAD BEGUM MOHMAD SHAIKH AND ORS.

Decided: 16 September 2026
Disposal: Dismissed

Holding

The appeal was dismissed for default due to non‑appearance of the parties.

Summary

The appellants, an insured and insurer, appealed against an award of the Motor Accident Claims Tribunal. No counsel or party appeared on the scheduled hearing dates of 24 August 2026 and again on 7 September 2026. The High Court therefore adjourned the matter and ultimately dismissed the appeal for default due to non‑appearance. The court directed that any statutory deposits, if made, be transferred to the Tribunal and that court fees be refunded as per the Rules. It further noted that any application for restoration of the appeal would be considered on its merits.

Issues considered

Whether an appeal may be dismissed for default when no party appears before the court

Subjects

default judgment
civil appellate jurisdiction
motor accident claims tribunal
procedural law
dismissal for non‑appearance

Judgment

                                                                                  4-FA-584-2000.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION


                                         FIRST APPEAL NO.584 OF 2000
SATISH
RAMCHANDRA
SANGAR                Shri.Namdeo Sopan Nalwade and Anr.                       ...Appellants
Digitally signed by
SATISH RAMCHANDRA            V/s.
SANGAR
Date: 2026.09.17
13:26:50 +0530
                      Smt.Shamshad Begum Mohmad Shaikh
                      and Ors.                                                 ...Respondents
                                                        *****

                      No one is present:-                      On behalf of the Appellants.
                      Ms.Poonam Mittal:-                       Advocate for Respondent No.10 –
                                                               National Insurance Company.
                      Mr.Aniket Kanawade i/b. Mr.H.G. Advocates for Respondent No.11
                      Misar and Mr.Shubham Misar:-    – United Insurance Co.

                                                    *****
                                               CORAM :             S. M. MODAK, J.
                                               DATE        :       16th SEPTEMBER 2026
                      P. C. :-

                      1.     This is an Appeal by the Insured as well as Insurer against the

                      Award of the Tribunal.

                      2.     On 24th August 2026, no one had appeared on behalf of both the

                      Appellants. That is why, it was adjourned for dismissal on 7 th

                      September 2026.

                      3.     Today also, no one is present. Dismissed for default.



                      Satish Sangar                                                              1/2
                                                             4-FA-584-2000.doc


4.     Statutory deposited, if any, be transferred to the Motor Accident

Claims Tribunal – Pune. Refund of Court fees as per the Rules.

5.     If steps are taken for restoration, it will be decided on merits.



                                       [S. M. MODAK, J.]




Satish Sangar                                                               2/2

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