High Court
Legal Reasoning
31wp41-19group IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD31 WRIT PETITION NO. 41 OF 2019Dhurpadabai Bhimrao GavhaneVERSUSThe State Of Maharashtra And Others...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents State Mr. Tushar M. Tandale, Advocate for Respondent No.2Mr. A. B. Kadethankar, Advocate for Respondent No.3WITHCIVIL APPLICATION NO. 2098 OF 2021 IN WP/41/2019The National Insurance Company Ltd Through Authorized SignatoryVERSUSDhurpadabai Bhimrao Gavhane And Others...Mr. A. B. Kadethankar, Advocate for ApplicantMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Mayure Pramod C, Advocate for the Respondents/claimantsWITHWRIT PETITION NO. 720 OF 2020Sahebrao Maroti Pawar And OthersVERSUSThe State Of Maharashtra And Others...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents State Mr. M.K. Goyanka, Advocate for Respondent No.3WITHWRIT PETITION NO. 1896 OF 2019Lilabai Krushna Sonone And OthersVERSUSThe State Of Maharashtra And Another...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents State Mr. A. B. Kadethankar, Advocate for Respondent No.2Mr. Tushar M. Tandale, Advocate for Respondent No.6 Page 1 of 15
Legal Reasoning
31wp41-19groupWITHWRIT PETITION NO. 1712 OF 2020Nilavati Shalikrao BachateVERSUSThe State Of Maharashtra And Others...Mr. Pavse Ashok S, Advocate for the Petitioner-AbsentMr. S. D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, Advocate for Respondent No.4 WITHWRIT PETITION NO. 1974 OF 2020Mangalabai Pandurang Suradkar And OthersVERSUSThe State Of Maharashtra And Others...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. M.K. Goyanka, Advocate for Respondent No. 3 WITHCIVIL APPLICATION NO. 7910 OF 2020 IN WP/1974/2020Mangalabai Pandurang Suradkar And OthersVERSUSThe State Of Maharashtra And Others...Mr. Mayure Pramod C, Advocate for ApplicantsMr. S. D. Ghayal, Addl. GP for Respondents StateWITHWRIT PETITION NO. 3735 OF 2018Gangasagar Sukhdeo Veer And OthersVERSUSThe State Of Maharashtra And Others...Mayure Pramod C, Advocate for the PetitionersMr. S.D. Ghayal, Addl. GP for Respondents StateMr. Sachin S. Randive, Advocate for Respondent No.2Mr. Dhananjay P. Deshpande, Advocate for Respondent No.3Page 2 of 15 31wp41-19groupWITHCIVIL APPLICATION NO. 7152 OF 2020 IN WP/3735/2018The Oriental Insurance Co Ltd. Thr Its ManagerVERSUSGangasagar Sukhdeo Veer And Others...Mr. Dhananjay Deshpande, Advocate for ApplicantMr. S. D. Ghayal, Addl. GP for Respondents State WITHWRIT PETITION NO. 8061 OF 2019Sudamati Dnyanoba Alias Dnyaneshwar KhavalVERSUSThe State Of Maharashtra And Others...Mr. Shinde Manoj D., Advocate for the PetitionerMr. S.D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, Advocate for Respondent No.3 WITHWRIT PETITION NO. 8081 OF 2019Sumitra Bhimrao IngleVERSUSThe State Of Maharashtra And Others...Mr. Shinde Manoj D., Advocate for the PetitionerMr. S.D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, Advocate for Respondent No.3 WITHWRIT PETITION NO. 3031 OF 2021Jyoti Gangadhar TarodeVERSUSThe State Of Maharashtra And Others...Mr. Dhage Vaibhav B., Advocate for the PetitionerMr. S.D. Ghayal, Addl. GP for Respondents StateMr. Deshpande Dhananjay, Advocate for Respondent CompanyPage 3 of 15 31wp41-19groupWITHWRIT PETITION NO. 7491 OF 2019Kalpana Sanjay PatheVERSUSThe State Of Maharashtra And Others...Mr. T. S. Kotkar h/for Mr. Kotkar Sanjay D., Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateWITHWRIT PETITION NO. 901 OF 2022Sumitra Pameshwar KathaleVERSUSThe State Of Maharashtra And Others...Mr. Manoj Shinde, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, , Advocate for Respondent No.3WITHWRIT PETITION NO. 822 OF 2022Kaushalya Bhimrao SalveVERSUSThe State Of Maharashtra And Others...Mr. Manoj Shinde, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, , Advocate for Respondent No.3 WITHWRIT PETITION NO. 2856 OF 2021Dnyaneshwar Umrao GirheVERSUSThe State Of Maharashtra And Others...Mr. Vaibhav B Dhage, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Dhananjay Deshpande, Advocate for Respondent No.6WITHWRIT PETITION NO. 11430 OF 2019Balaji Nagorao HilalVERSUSThe State Of Maharashtra And OthersPage 4 of 15 31wp41-19group...Mr. Dhage Vaibhav B., Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, Advocate for Respondent No.6WITHWRIT PETITION NO. 12294 OF 2019Kamlabai Shankar JogdandVERSUSThe State Of Maharashtra And Ors...Mr. Dhage Vaibhav B., Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. M.K. Goyanka, Advocate for Respondent No.6Mr. S. S. Shinde, Advocate for Respondent No.8WITHWRIT PETITION NO. 11500 OF 2019Sulakshana Abhilash PandagaleVERSUSThe State Of Maharashtra And Others...Mr. Dhage Vaibhav B., Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, Advocate for Respondent No.6WITHWRIT PETITION NO. 12021 OF 2018Ashwini Prabhakar ShingneVERSUSThe State Of Maharashtra And Another...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Dhananjay Deshpande, Advocate for Respondent No.2 WITHCIVIL APPLICATION NO. 7150 OF 2020 IN WP/12021/2018The Oriental Insurance Co Ltd., Thr ManagerVERSUSAshwini Prabhakar Shingne And Another...Mr. Dhananjay Deshpande, Advocate for ApplicantMr. S. D. Ghayal, Addl. GP for Respondents State Page 5 of 15 31wp41-19groupWITHWRIT PETITION NO. 12117 OF 2019Naim Akthar Sayyad RassulVERSUSThe State Of Maharashtra And Others...Mr. Dhage Vaibhav B., Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. A. B. Kadethankar, Advocate for Respondent No.6WITHWRIT PETITION NO. 12893 OF 2018Rohini Sanjay UgaleVERSUSThe State Of Maharashtra And Others...Mr. T. S. Kotkar h/for Mr. Kotkar Sanjay D., Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Dhananjay Deshpande, Advocate for Respondent No.3WITHCIVIL APPLICATION NO. 7149 OF 2020 IN WP/12893/2018The Oriental Insurance Col LtdVERSUSRohini Sanjay Ugale And Others...Mr. Dhananjay Deshpande, Advocate for ApplicantMr. S. D. Ghayal, Addl. GP for Respondents State WITHWRIT PETITION NO. 39 OF 2019Meena Lahu TalekarVERSUSThe State Of Maharashtra And Others...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Tushar M. Tandale, Advocate for Respondent No.2Mr. A. B. Kadethankar, Advocate for Respondent No.3Page 6 of 15 31wp41-19groupWITHWRIT PETITION NO. 3515 OF 2019Ashabai Santosh Gadekar And OrsVERSUSThe State Of Maharashtra And Others...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Sachin S. Randive, Advocate for Respondent No.2Mr. Dhananjay Deshpande, Advocate for Respondent No.3WITHCIVIL APPLICATION NO. 7148 OF 2020 IN WP/3515/2019The Oriental Insurance Co. Ltd. Through Its Div ManagerVERSUSAshabai Santosh Gadekar And Ors...Mr. Dhananjay Deshpande, Advocate for ApplicantMr. S. D. Ghayal, Addl. GP for Respondents State WITHWRIT PETITION NO. 3516 OF 2019Mangala Sahebrao Shinde And OrsVERSUSThe State Of Maharashtra And Others...Mr. Mayure Pramod C, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Sachin S. Randive, Advocate for Respondent No.2Mr. Dhananjay Deshpande, Advocate for Respondent No.3WITHCIVIL APPLICATION NO. 7153 OF 2020 IN WP/3516/2019The Oriental Insurance Co Ltd.,VERSUSMangala Sahebrao Shinde And Ors...Mr. Dhananjay Deshpande, Advocate for ApplicantMr. S. D. Ghayal, Addl. GP for Respondents State Page 7 of 15 31wp41-19groupWITHWRIT PETITION NO. 5074 OF 2021Naim Akthar Sayyad RassulVERSUSThe State Of Maharashtra And Others...Mr. Dhage Vaibhav B., Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. A. G. Kanade, Advocate for Respondent No.6WITHWRIT PETITION NO. 7661 OF 2019Naim Akthar Sayyad RassulVERSUSThe State Of Maharashtra And Others...Mr. T. S. Kotkar h/for Mr. Sanjay D. Kotkar, Advocate for the PetitionerMr. S. D. Ghayal, Addl. GP for Respondents StateMr. Dhananjay Deshpande, Advocate for Insurance CompanyCORAM: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.DATE : 16th June, 2025ORDER: We have heard the learned Advocates for the respective sidesin all these maters and considering the peculiar facts, with theirconsent, we are passing the following orders:-1) Writ Petition Nos. 39 of 2019, 41 of 2019 and 1896 of 2019 In all these maters, the claims of the Petitioners have beenrejected by the Competent District Committee. Consequentially, thePetitioners desire to approach the concerned District Consumer DisputesRedressal Forum. Considering that the Petitioners have approachedthis Court bona fide, we are taking recourse to Sections 12 and 14 ofPage 8 of 15
Decision
31wp41-19groupthe Limitation Act to excuse the period spent by the Petitioners in thisCourt. A formal application for condonation of delay for the periodinvolving the date of the institution of the Writ Petitions in the HighCourt until today, shall be filed by these Petitioners and this period shallbe excused while considering their claim before the District ConsumerDisputes Redressal Forum. The Insurance Company has deposited the amounts claimedby the Petitioners, in this Court in Writ Petition Nos. 41 of 2019 and1896 of 2019. If the Petitioners approach the District ConsumerDisputes Redressal Forum at Chhatrapati Sambhajinagar within 30 daysfrom today, with a written intimation to this Court, the Registry shalltransfer the deposited amounts in these matters, along with accruedinterest, to the Chhatrapati Sambhajinagar District Consumer Forumwithin a period of 60 days, from the date of the written intimation. InWrit Petition Nos. 39 of 2017, the Insurance company has not depositedany amount in this Court. Needless to state, the application for condonation of delayshall be adjudicated upon within a period of 60 days and, thereafter, theproceedings shall be decided on their merits within a period of 120days. With the above directions these Petitions are disposed off.Page 9 of 15 31wp41-19group2) Writ Petition No. 1712 of 2020 In this matter, it is undisputed that the Insurance Companyhas paid the amount to the legal heirs of the deceased. The presentclaim is put forth by the mother of the deceased. This being a disputebetween legal heirs and the mother, the Petitioner mother may avail of aremedy as is permissible in law, if she desires to claim a share in thecompensation. All contentions of the parties are kept open. With the above direction, this Petition is disposed off.3) Writ Petition Nos. 8061 of 2019, 8081 of 2019 and WritPetition No. 901 of 2022 The District Consumer Disputes Redressal Forum has rejectedthe claims of these Petitioners. They have directly approached thisCourt. The Petitioners pray for leave to approach the State ConsumerDisputes Redressal Commission and further pray that the period spentby the Petitioners in this Court, may be excused. Considering the above and Sections 12 and 14 of theLimitation Act, all these Petitions are disposed off with liberty to thePetitioners to approach the State Consumer Disputes RedressalCommission within a period of 30 days, with written intimation to thisCourt. The time spent by the Petitioners in this Court is excused. Aformal application for condonation of delay to be filed, which shall bePage 10 of 15 31wp41-19groupdecided within a period of 60 days. If the delay is condoned, let theState Consumer Disputes Redressal Commission endeavour to decidethe Appeals within a period of 120 days. The money deposited by the Insurance Company in this Courtshall be transmitted by the Registry of this Court to the State ConsumerDisputes Redressal Commission at Chhatrapati Sambhajinagar, within aperiod of 60 days from the date of the written intimation.4) Writ Petition No. 822 of 2022 In this matter, the Petitioner has not approached theCompetent District Committee. This issue is settled by this Court and itis ruled that the claimants have to first approach the Committee. ThePetitioner submits that she would appear before the Competent DistrictCommittee by preferring a claim and prays that the same be decided bythe Committee within a timeline. As such, let the Petitioner prefer aproceeding before the Competent District Committee which shall decidethe same within a period of 90 days. With the above directions, this Petition is disposed off.5) Writ Petition Nos. 11430 of 2019, 11500 of 2019 and 12117 of2019Page 11 of 15 31wp41-19group In all these matters, the learned Advocate for the InsuranceCompany is instructed to state that the Insurance Company will depositthe amount in this Court within period of four weeks from today, withliberty to the Petitioners to withdraw the same. We grant liberty tothese Petitioners to withdraw the said amount under properidentification of their Advocate by tendering a copy of their AdhaarCard. With the above directions, these Petitions are disposed off.6) Writ Petition No. 720 of 2020 In this matter, it is submitted that the claim of Petitioner No.1and 3 has been rejected by the Competent District Committee. Theclaim of Petitioner no. 2 is allowed and she has been disbursed with thecompensation amount. Petitioner Nos. 1 and 3 desire to approach theDistrict Consumer Disputes Redressal Forum within a period of 30 days. Considering Section 12 and 14 of the Limitation Act, theconcerned Petitioner nos. 1 and 3, are permitted to approach theDistrict Consumer Disputes Redressal Forum within 30 days, with awritten intimation to this Court. The time spent by the Petitioners in thisCourt from the date of the filing of the Petition would stand excused. Aformal application for condonation of delay shall be filed, which shallbe decided within 60 days. If the delay is condoned, the application forPage 12 of 15 31wp41-19groupcompensation would be decided by the District Consumer DisputesRedressal Forum within a period of 120 days. The amount deposited by the Insurance Company in thisCourt, with reference to Petitioner Nos. 1 and 3, shall be transmittedby the Registry of this Court to the District Consumer Disputes RedressalForum, Jalna within a period of 60 days from the date of the writtenintimation.With the above directions this Petition is disposed off7) Writ Petition Nos. 1974 of 2020, 3735/2018, 3515/2019, 3516 of2019 The Competent District Committee has rejected the claims ofthese Petitioners. The Petitioners desire to approach the DistrictConsumer Disputes Redressal Forum, Chhatrapati Sambhajiagar, withina period of 30 days. Let the Petitioners approach the District Forum, with writtenintimation to this Court. The time spent by the Petitioners in this Courtfrom the date of the filing of the Petition till the date of this order, shallbe excused considering Sections 12 and 14 of the Limitation Act. Aformal application for condonation of delay shall be filed by thePetitioners, which would be decided within 60 days. If the delay iscondoned, the main application for compensation shall be decidedwithin a period of 120 days. Page 13 of 15 31wp41-19group If the Insurance Company has deposited the amount in thisCourt, the Registry to transfer the same to the concerned DistrictConsumer Disputes Redressal Forum, within 60 days from the date ofthe written intimation by the Petitioners.With the above directions, these Petitions are disposed off.8) Writ Petition Nos. 12021 of 2018 The learned Advocate for the Respondent submits that theInsurance Company is agreeable to permit the Petitioner to withdrawthe amount deposited in this Court. Let the Petitioner withdraw thesaid amount under proper identification of the Advocate and bytendering the Adhaar Card. With this direction, this Petition is disposed off.9) Writ Petition Nos. 2856 of 2021, 5074 of 2021, 3031 of 2021,12294 of 2019 In all these matters, the Competent District Committee hasaccepted the claims of the Petitioners. The same have not beenchallenged by the Insurance Company. The learned Advocate for the Insurance Company submits thatsince the Competent Committee has accepted the claims of thesePage 14 of 15 31wp41-19groupPetitioners, the Company would deposit the amount along with interest,in this Court within 30 days from today. The Petitioners would be at liberty to withdraw the saidamounts without conditions, on proper identification of the learnedAdvocate and by tendering copies of their Adhaar Cards. With the above directions, these Petitions are disposed off.10) Writ Petition Nos. 12893 of 2018, 7491 of 2019 and 7661 of 2019 The learned Advocates for the Petitioners submit that thePetitioners have approached the Competent District Committee and anorder has not yet been passed by the Committee. In view of the above, we direct the Committee to decide theclaims of these Petitioners, if not already decided and if the claims areallowed, the compensation amount be disbursed to the eligiblePetitioners. Let this exercise be completed within a period of 120 days.The petitions are disposed off. All pending Civil Applications in these matters would notsurvive and stand disposed off.( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )JPChavan Page 15 of 15