High Court
Legal Reasoning
( 1 ) 946 CA 8737 OF 2025+IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD946 CIVIL APPLICATION NO. 8737 OF 2025 IN FAST/15330/2025SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND ORSVERSUSARUN HARIBHAU MHASKE AND ORSWITHCIVIL APPLICATION NO. 6209 OF 2025 IN FAST/15330/2025BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSSAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND ORSWITHCIVIL APPLICATION NO. 6210 OF 2025 IN FAST/15330/2025BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSSAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND ORSAND947 CIVIL APPLICATION NO. 8747 OF 2025 IN FAST/15320/2025SAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND ORSVERSUSARUN HARIBHAU MHASKEWITHCIVIL APPLICATION NO. 6207 OF 2025 IN FAST/15320/2025BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSSAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND ORS ( 2 ) 946 CA 8737 OF 2025+WITHCIVIL APPLICATION NO. 6208 OF 2025 IN FAST/15320/2025BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSSAJIYA VAHID PATHAN SAJIYA RAJMAHMAD SHAIKH AND ORSAND948 CIVIL APPLICATION NO. 8763 OF 2025 IN FAST/15326/2025SWALEHA NASIR KHAN AND ORSVERSUSARUN HARIBHAU MHASKEWITHCIVIL APPLICATION NO. 6211 OF 2025 IN FAST/15326/2025BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSSWALEHA NASIR KHAN AND ORSWITHCIVIL APPLICATION NO. 6212 OF 2025 IN FAST/15326/2025BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSSWALEHA NASIR KHAN AND ORSAND949 CIVIL APPLICATION NO. 8765 OF 2025 IN FA/1499/2025SAJIDA NASIR KHAN AND ORSVERSUSARUN HARIBHAU MHASKE AND ORSWITHCIVIL APPLICATION NO. 6233 OF 2025 IN FA/1499/2025
Legal Reasoning
( 3 ) 946 CA 8737 OF 2025+BRANCH MANAGER NEW INDIA ASSURANCE COM LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSSAJIDA NASIR KHAN AND ORSAND963 CIVIL APPLICATION NO. 8758 OF 2025 IN FAST/15071/2025NIHAL NASIR KHAN AND ORSVERSUSARUN HARIBHAU MHASKEWITHCIVIL APPLICATION NO. 6202 OF 2025 IN FAST/15071/2025BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSNIHAL NASIR KHAN AND ORSWITHCIVIL APPLICATION NO. 6204 OF 2025 IN FAST/15071/2025BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LTD THROUGH ITSMANAGER THE NEW INDIA ASSURANCE CO LTDVERSUSNIHAL NASIR KHAN AND ORS…Mr. Shaikh Sohail Yusuf, Advocate for the applicantsMs. Anagha Rotte, Advocate for Respondent No.4…CORAM:AJIT B. KADETHANKAR, J.DATE:26.09.2025PER COURT :- ( 4 ) 946 CA 8737 OF 2025+CIVIL APPLICATION NO. 8737 OF 2025 IN FAST/15330/2025 (Withdrawal)CIVIL APPLICATION NO. 8747 OF 2025 IN FAST/15320/2025 (Withdrawal)CIVIL APPLICATION NO. 8763 OF 2025 IN FAST/15326/2025 (Withdrawal)CIVIL APPLICATION NO. 8765 OF 2025 IN FA/1499/2025 (Withdrawal)CIVIL APPLICATION NO. 8758 OF 2025 IN FAST/15071/2025 (Withdrawal)1.All the First Appeals are arise out of different claims which arisefrom a single accident. Vide separate appeals, the appellant/InsuranceCompany has challenged the respective judgments and awards in this Court.While seeking stay to the execution and operation of the judgments andawards impugned therein, the appellant/Insurance Company has depositedentire payable award amount in this Court together with accrued interestthereon. In this backdrop, present civil applications are filed by theapplicants/claimants seeking permission to withdraw the deposited amount.2.Mr. Shaikh, learned counsel for the applicants submits that theentitlement of the applicants/claimants and the defence raised by theappellant/Insurance Company has been adjudicated by the learned Tribunalduring trial and hence the compensation has been awarded and liability hasbeen imposed upon the appellant/Insurance Company.3.Ms. Rotte, learned counsel for the appellant/Insurance Company,strenuously contends that the learned Tribunal erred not only in fixing theliability but also in issuing absurd directions to the Insurance Company to paycompensation for a vehicle that was not even insured with it. Ms. Rotte furtherpoints out that the evidence on record, which remains undisputed, clearly ( 5 ) 946 CA 8737 OF 2025+shows that there was no negligence on the part of the driver of the insuredvehicle. Nevertheless, the learned Tribunal imposed liability on the saidinsured vehicle. She has drawn my attention to the findings of the learnedTribunal, particularly Paragraph No. 22 of the judgment and award in M.A.C.P.No. 155 of 2021, which are common to all the matters. Ms. Rotte also refers toClause No. 3 of the operative part of the impugned judgment and award. Inlight of these peculiar facts, Ms. Rotte submits that the Insurance Companyopposes any withdrawal in all the matters.4.Upon having heard the parties at length and upon going throughthe contents of the impugned judgment and award, I order that theapplications for withdrawal to be considered together with the First Appeals atthe time of final hearing.5List the civil applications for withdrawal with the respective FirstAppeals.6.Call Record and Proceedings in all the matters.CIVIL APPLICATION NO. 6209 OF 2025 IN FAST/15330/2025 (16 days Delay)CIVIL APPLICATION NO. 6207 OF 2025 IN FAST/15320/2025 (17 days Delay)CIVIL APPLICATION NO. 6211 OF 2025 IN FAST/15326/2025 (3 days Delay)CIVIL APPLICATION NO. 6202 OF 2025 IN FAST/15071/2025 (3 days Delay)1.These are the civil applications for condonation of delay in filingthe respective First Appeals.2.Ms. Rotte, learned counsel for the applicant/insurance company, ( 6 ) 946 CA 8737 OF 2025+submits that the delay is neither inordinate nor deliberate on the part of theapplicant/insurance company. She further submits that the delay is wellexplained in the civil applications. She further submits that in any event theinterests of the claimants are secured by the deposit of the entire awardamount, together with interest accrued thereon, in this Court. In view thereof,she prays that the appeals be heard on their merits and delay be condoned.3.Mr. Shaikh, learned counsel vehemently opposes the civilapplications.4.Having heard the parties, I find that the delay is satisfactorilyexplained by the insurance company in the civil applications. It appears thatthe delay is due to administrative exigencies.5.In view of this, I pass the following order :-ORDERa.Civil Applications are allowed.b.Delay caused in filing the respective First Appeals is herebycondoned. c.Registry to register the First Appeals, subject to removal ofoffice objections within four weeks from today.FIRST APPEAL STAMP NO. 15330 OF 2025FIRST APPEAL STAMP NO. 15320 OF 2025 FIRST APPEAL STAMP NO. 15326 OF 2025FIRST APPEAL NO.1499 OF 2025FIRST APPEAL STAMP NO. 15071 OF 2025 ( 7 ) 946 CA 8737 OF 2025+1.Heard.2.Admit.3.Issue notice to the respondents, returnable on 07.11.2025. Mr.Shaikh, learned counsel waives service of notice for respective respondents.4.The matter be listed after service of notice is complete. In themeantime, applicant/appellant shall take recourse to the provisionsenumerated in Chapter II of the Bombay High Court Appellate Side Rules,corresponding to the stage and requirement of matter.CIVIL APPLICATION NO. 6210 OF 2025 IN FAST/15330/2025 (Stay)CIVIL APPLICATION NO. 6208 OF 2025 IN FAST/15320/2025 (Stay)CIVIL APPLICATION NO. 6212 OF 2025 IN FAST/15326/2025 (Stay)CIVIL APPLICATION NO. 6233 OF 2025 IN FA/1499/2025 (Stay)CIVIL APPLICATION NO. 6204 OF 2025 IN FAST/15071/2025 (Stay)1.In view of the fact that the appellant/Insurance Company hasdeposited entire award amount in this Court, stay granted earlier is madeabsolute.2.Civil Applications are allowed in terms of prayer clause “B”.3.Civil Applications stand disposed of.[AJIT B. KADETHANKAR, J.]PRW