Bombay High Court
RAGHUNATH MARUTI CHOUGULE AND ANR.versusDIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD, TRANSPORT CORPORATION, SANGLI DEPO. AND ORS.
- Disposal
- Rejected
Holding
The delay of 17 years and 238 days is inordinate and cannot be condoned.
Summary
The applicant, Shri Raghunath Maruti Chougule, sought condonation of a 17-year‑238‑day delay in filing an appeal against a 30 March 2007 judgment awarding compensation. He claimed severe health problems, the death of his earning son, and financial hardship as reasons for the delay and offered to forgo interest. The respondent insurance company contested, noting that the applicant had already received payments totaling Rs. 1,90,000 and was capable of pursuing the claim. The court examined the applicant’s explanations, the prior interim orders, and relevant Supreme Court precedents, finding the reasons unconvincing and the delay inordinate. Consequently, the court rejected the interim application and refused to condone the delay.
Issues considered
- Whether a delay of 17 years and 238 days in filing an appeal can be condoned under civil procedure law
- Whether the applicant’s health and financial circumstances justify condonation of such delay
- Whether prior receipt of compensation affects the right to appeal
Subjects
- condonation of delay
- civil appeal
- insurance compensation
- inordinate delay
- interest waiver
- civil procedure
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 241 OF 2026
IN
FIRST STAMP (ST) NO. 1470 OF 2026
Shri. Raghunath Maruti Chougule … Applicant
VERSUS
Divisional Controller, M.S.R.T.C.
Sangli Depot and others … Respondents
…
Advocate for Applicant : Mr. Avesh Ghadge a/w Adv. Aditya Ghadge
Advocate for Respondent No. 4 : Mr. Shrikrishna Dandge
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 24.08.2026
FINAL ORDER :
Heard both sides.
2. The applicant seeks to condone delay of 17 years and 238 days in
presenting appeal against the judgment and award dated 30.03.2007. The
reliance is sought on the grounds mentioned in the application. Additionally,
it is submitted that the applicant is ready to give up interest for the delayed
period. He had undergone brain surgery before the accident and was
disabled. He lost his earning son. There is nobody in the family to assist
him. He was devastated due to the deaths of the blood relatives and is not
in a position to prefer appeal. It is reiterated that the financial condition
was precarious.
3. The counsel for the Insurance Company would rely upon the affidavit
in reply, denying averments of the application. It is submitted that applicant
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received Rs. 50,000/- towards ‘no fault liability’, Rs. 40,000/- by the interim
orders passed in First Appeal No. 14/2008 and Rs. 1,00,000/- with interest.
It has come on record that he has irrigated land and milk business. The
appellant is stated to have appeared as a witness. His mental and physical
condition was sound. The reasons assigned for condonation of delay are
after thought.
4. Present appeal is filed on 20.02.2026 against the judgment and award
dated 30.03.2007 awarding compensation of Rs. 1,90,000/- with interest.
Undisputedly, the owner of the vehicle had preferred first appeal No.
14/2008. By interim order dated 09.01.2008 the applicant was permitted to
receive amount of Rs. 40,000/-. The appeal was allowed on 03.05.2024
exonerating the owner of the vehicle and holding the Insurance Company
liable.
5. The applicant was given Rs. 50,000/- towards ‘no fault liability’, Rs.
40,000/- by interim order dated 09.01.2008 and Rs. 1,00,000/- with interest
after decision rendered in First Appeal no. 14/2008. It is the case of the
claimant before the Tribunal that irrigated agricultural land and milk
business was available to earn the livelihood. Deceased Dipak was looking
after the cultivation and business. The applicant should have placed on
record better particulars of agricultural land, cultivation and milk business. I
find that the plea that the financial condition of the applicant was precarious
cannot be accepted.
6. There is inordinate delay of 17 years and 238 days. The appellant
had undergone surgery prior to the accident. He had filed claim petition
and adduced his own evidence before the Tribunal. It is not a case that the
applicant was bed ridden and there is nobody to look after him. He could
prosecute the claim petition, either himself or with the assistance of some
persons. No reasons are forthcoming as to what prevented him from
promptly filing appeal, atleast after decision on 03.05.2024 in First Appeal
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No. 14/2008. I find no merit in the contention that applicant was devastated
and unable to prefer appeal.
7. The app licant waited for the decision in First Appeal No. 14/2008.
When the respondent-Insurance Company is saddled with the compensation,
the applicant has ventured to file present appeal. The grounds mentioned in
the application for condonation of delay are not convincing.
8. Reliance is placed by the applicant on the judgment of Thakor Tinuji
@ Tinaji Kamshiji Vs. Nanalal M. Thakker & anr.; in Civil Appeal No.
3871/2025 (Arising out of SLP (C) No. 7473/2025), decided on 20.04.2025.
In that case, the Supreme Court had dealt with condonation of delay of 10
years. The Apex Court thought it fit to condone delay in given facts and
circumstances narrated in paragraph no. 3 of the judgment. There cannot
be a straightjacket formula for condonation of delay. The facts are
distinguishable and the judgment will not help the applicant.
9. Further reliance is placed on the judgment of Supreme Court in the
matter of Pahlad and another Vs. Jagatpal and others; 2026 ACJ 751. In
that case, delay of about 3 years was sought to be condoned. Under peculiar
facts and circumstances of the case at hand, I find that delay of 17 years and
238 days is inordinate. It cannot be condoned, though appellant is ready to
give up interest for the delayed period.
10. The Interim Application is rejected.
( SHAILESH P. BRAHME, J.)
mkd/-
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