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2019 DAILYLAW 3660 (BOM)

SMT. SANJIWANI WD/O BALIRAM JADHAO AND OTHERS v. UNITED INDIA INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, AKOLA AND ANOTHER

CAF/1248/2019 · 2026-09-02

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Judgment text

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911.caf.1248.19 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1248 of 2019 in First Appeal St. No.18914 of 2018 Smt. Sanjiwani wd/o Baliram Jadhao and others vs. United India Insurance Co. Ltd. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. Vaishnavi Mankar h/f Mr. U.J. Deshpande, Advocate for the Applicants/Appellants Mr. Asgher Hussain, Advocate for Non-Applicant/Respondent No.1. CORAM : Y.G. KHOBRAGADE, J. DATE : 2 nd SEPTEMBER, 2 026. Heard the learned Counsel appearing for the applicants as well as the learned Counsel appearing for the non-applicant-Insurance Company. 02. The application is already dismissed against non-applicant No.2. 03. By the present application, the applicants/original claimants are seeking condonation of delay of 261 days caused in filing the appeal challenging the judgment and award dated 28/08/2017 passed by the learned Chairman, Motor Accident Claims Tribunal, Akola, in M.A.C.P. No.130/2015, whereby the claim petition filed by the applicants was partly allowed. 04. Considering the grounds set out in the application as well as the objection raised on behalf of the non-applicant/Insurance Company, I am of the view that the applicants have sufficiently explained the delay. However, the applicants would not be entitled to the component of interest for the delayed period. 2026:BHC-NAG:11634 911.caf.1248.19 2/2 05. Accordingly, the delay of 261 days is hereby condoned. Office is directed to register the First Appeal. The application is allowed and disposed of as such. First Appeal St. No.18914/2018: Heard. 02. Admit. 03. Call for record and proceedings. 04. The appellants shall file private paper-book within a period of two weeks from today. Civil Application [CAF] No.1250/2019: By the present application, the applicants/claimants are seeking permission to produce additional evidence. 02. At the request of the learned Counsel appearing for the non- applicant, two weeks’ time is granted for filing reply to the application. 03. Stand over to 23rd September, 2026. JUDGE *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 03/09/2026 18:39:14