Rukhminibai Namdeo Surwase And Ors vs United India Insurance Co. Ltd Thr ...
2024 Latest Caselaw 3207 Bom

Bombay High Court

Rukhminibai Namdeo Surwase And Ors vs United India Insurance Co. Ltd Thr ... on 2 February, 2024

2024:BHC-AUG:2353

                                                     1                              924


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              924 CIVIL APPLICATION NO. 200 OF 2024
                                                  IN
                                            FA/1249/2012
                             RUKHMINIBAI NAMDEO SURWASE AND ORS
                                               VERSUS
                    UNITED INDIA INSURANCE CO. LTD THR DIVISIONAL MANAGER,
                                      AURANGABAD AND ANR
                                                  ...
                              Advocate for Applicants: Mr. Mahesh P. Kale
                           Advocate for Respondent No.1 : Mr. S. V. Kulkarni
                                                  ...
                                                WITH
                               CIVIL APPLICATION NO. 1335 OF 2024
                                                  IN
                                            FA/1249/2012
                                                  ...
                                                  CORAM : ARUN R. PEDNEKER, J.

                                                 DATE      : 02nd FEBRUARY, 2024

              PER COURT:

1. The appeal is filed by the insurance company challenging the

Judgment and award dated 23.12.2011, passed by the Member, MACT,

Gangakhed in MACP No.8 of 2009 and granted compensation of

Rs.3,66,000/- with interest at the rate of 7% per annum. The appeal was

admitted by order dated 05.09.2014 and the appellant were directed to

file the paper book within a period of one (01) year, failing which the

appeal would stands dismissed without reference to this court. Printing

dispensed with. Thereafter, the paper book in the matter were not filed

and the appeal was dismissed.

2. Thereafter, the decree was prepared by the office. After

dismissal of the appeal, the applicants have filed the application for

withdrawal of the amount deposited in this court. Thereafter, the Civil

Application No. 1335 of 2024 is filed for restoration of the first appeal.

There is a delay of 3383 days in filing the application for restoration of

the appeal. The application is not even accompanied by a paper book. No

further time can be allowed today for filing of the paper book. The delay

of 10 years 3 months in filing the application cannot be condoned. It is an

extremely large delay and the claimants cannot be made forever to wait

for their compensation. The reasons given are not sufficient to condone

the delay. In view of the same, Civil Application No.1335 of 2024 for

restoration is dismissed.

3. Civil Application No.200 of 2024 is filed for withdrawal of

the balance amount deposited in this court is allowed, subject to

furnishing usual undertaking to the satisfaction of the Registrar (Judicial)

of this court. The civil application for withdrawal of amount stands

disposed of.

[ARUN R. PEDNEKER, J.]

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