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2025 DAILYLAW 4424 (BOM)

MRS. KAZI ALIYA BEGUM W/O MR. VIKRUDDIN KAZI AND ANOTHER v. HAMIDA BEGAM W/O LATE BASHIR SHAH AND ORS.

CA/13951/2025 · 2026-09-04

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Judgment text

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1 903-CA-13951-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13951 OF 2025 IN FAST/36613/2025 MRS. KAZI ALIYA BEGUM W/O MR. VIKRUDDIN KAZI AND ANOTHER VERSUS HAMIDA BEGAM W/O LATE BASHIR SHAH AND OTHERS ... Advocate for Applicants : Mr. Avinash S. Deshpande, Mr. Aditya A Puranik. Advocate for Respondents No.1 to 4 : Mr. V. P. Golewar Advocate for Respondent No.5 : Mr. Shrikrishna R. Bodade ... CORAM : SACHIN S. DESHMUKH, J. DATE : 04-09-2026 PER COURT:- 1. The learned counsel for the applicants submits that arising out of the same accident, Motor Accident Claims Petition Nos.573 of 2011 and 650 of 2011 were presented. In those proceedings, the insurance company was held liable after its assertion regarding a breach of policy terms, concerning the circumstances of the accident, was rejected. However, due to an inadvertent error in recording the driving license number in the present case, the insurance company was exonerated. 2. Considering the fact that the applicants-appellants have satisfactorily explained the delay and suffered due to the mistake, and deposited the entire awarded amount along with accrued interest, the application for condonation of delay deserves to be allowed. 2026:BHC-AUG:41464 2 903-CA-13951-25.odt 2. The civil application is allowed in terms of prayer clause “B”. Office to register the appeal. [SACHIN S. DESHMUKH] JUDGE rrd