CA-15450-2016 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 15450 of 2016 IN FIRST APPEAL (ST) NO. 33844 OF 2016 1. Punam w/o Amit Chate, Age : 22 years, Occu. Household, R/o : Police Head Quarters, Head Office, Beed, Taluka & District Beed. 2. Atharva s/o Amit Chate, Age : 2 years, Occu. Nil, Since Minor U/G of mother Punam Chate 3. Sunita w/o Baburao Chate, Age : 52 years, Occu. Household, R/o. Police Head Quarters, Head Office, Beed, Taluka and District Beed. … Applicants [Original Claimants] Versus 1. Krishna s/o Laxman Gendale, Age : Major, Occu : Owner & Driver, R/o : Kranti Nagar, Beed, Taluka & District Beed. 2. United India Insurance Company Limited, Through its Branch Manager, Chhatrapati Sankul, Subhash Road, Beed, Taluka and District Beed. … Respondents ….. Mr. S. S. Sarda, Advocate h/f Mr. Mohit R. Deshmukh, Advocate for the Applicants. Mr. Arun G. Kanade, Advocate for Respondent No.2 (through VC). ..... CORAM : ABHAY S. WAGHWASE, J. Reserved on : 17.03.2026 Pronounced on : 18.03.2026 2026:BHC-AUG:11685 CA-15450-2016 -2- ORDER : 1. Instant application is for condonation of delay caused in filing First Appeal against judgment and award passed by learned M.A.C.T., Beed dated 20.02.2016 in Motor Accident Claim Petition No. 267 of 2014. 2. Learned counsel for the applicants pointed out that present applicants-claimants had instituted above MACP in the capacity of heirs of deceased Amit Chate, who died in vehicular accident dated 18.05.2014, by invoking Section 166 of Motor Vehicles Act. That, said claim petition was decided by M.A.C.T., Beed vide judgment and order dated 20.02.2016. That, however, contributory negligence has been attributed to deceased also and, amongst other grounds, appeal is to be preferred. However, there is delay of 159 days caused in filing appeal and therefore the same is sought to be condoned in the interest of justice. 3. Learned counsel Mr. Kanade for the respondent-insurance company, who appeared through VC, strongly opposed but submitted that, if this court is inclined to condone the delay, then claimants shall not be entitled for interest for the delayed period. CA-15450-2016 -3- 4. After considering above submissions, it seems that against the judgment and award of M.A.C.T., Beed, appeal is sought to be preferred by the legal heirs of deceased, who met road traffic accident and died in the same. Apparently, judgment and award of the tribunal is of 2016. Instant Civil Application is also apparently of 2016. There is delay of 159 days in preferring appeal. Therefore, respondent insurance company is justified in objecting to grant of interest for the said delayed period if at all applicants succeed in the appeal. Hence, following order : ORDER I. Civil Application is allowed in terms of prayer clause (B). Delay stands condoned. Registry to register the First Appeal. II. Applicants-claimants shall not be entitled to receive interest for the delayed period i.e. of 159 days. [ABHAY S. WAGHWASE, J.] vre