United India Insurance Co. Ltd. Nashik Thr. Regional Manager vs Vasant Gopala Bhalerao and Ors. — Bombay HC (2025) — LawSathi Research

United India Insurance Co. Ltd. Nashik Thr. Regional Manager vs Vasant Gopala Bhalerao and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing the appeal condoned and IA No. 14769 of 2024 disposed of; earlier stay made absolute during the pendency of the appeal and IA No. 14770 of 2024 disposed of; appeal proceeded at admission stage with notice to Respondent No. 3 returnable on 7th November 2025; question of withdrawal of the deposited amount (IA No. 11583 of 2025) deferred to 29th September 2025.

Issue for consideration

Whether the delay in filing First Appeal (st) No. 31106 of 2024 against the award dated 22nd March 2024 of the learned Member, M.A.C.T., Nashik should be condoned. +1 more

Court's answer

In Interim Application No. 14769 of 2024, the delay in filing the appeal against the M.A.C.T. Nashik award was condoned for the reasons stated in the application, and the application was disposed of.

Ratio / Principle

In Interim Application No. 14770 of 2024, the Court recorded that the awarded amount is deposited before the Tribunal without dispute, made the earlier-granted stay absolute during the pendency of the appeal, and disposed of the application.

Key takeaways

In the main appeal, notice was issued to the respondents (waived on behalf of Respondent Nos. 1 and 2), compilation of documents was directed within four weeks, and notice was ordered to Respondent No. 3 for final disposal at admission stage, returnable on 7th November 2025.¶25
On the withdrawal application (Interim Application No. 11583 of 2025), the Court noted Mr. Gatne's strong objection to withdrawal on the ground that the policy was an 'Act Policy' and the claimants' insistence on allowing withdrawal, and deferred the question by listing the matter for 29th September 2025 without deciding it.¶30

Detailed headnote1 paragraphs

Bombay High Court (S.M. Modak, J.), order dated 19.09.2025 in First Appeal (st) No. 31106 of 2024 — United India Insurance Company Ltd. (appellant) v. Mr. Vasant Gopala Bhalerao and others (respondents) — challenging the award dated 22.03.2024 of the learned Member, M.A.C.T., Nashik. (i) IA No. 14769 of 2024: delay in filing the appeal condoned for the reasons stated in the application; application disposed of. (ii) IA No. 14770 of 2024: awarded amount recorded as deposited before the Tribunal without dispute; earlier stay made absolute during the pendency of the appeal; application disposed of. (iii) Main appeal: notice to respondents (waived by Respondent Nos. 1 and 2); compilation of documents within four weeks; notice to Respondent No. 3 for final disposal at admission stage returnable 07.11.2025. (iv) IA No. 11583 of 2025: withdrawal of the deposited amount opposed on the ground that the policy was an 'Act Policy', claimants pressing for withdrawal; matter listed for 29.09.2025 — point left undecided.

LSP 1 10 fast 31106.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

First Appeal (st) No.31106 of 2024

With

Interim Application No.14769 of 2024

With Interim Application No.14770 of 2024 With Interim Application No.11583 of 2025

In

First Appeal (st) No.31106 of 2024

Digitally SEEMAKSHITIJYELKAR signed bySEEMAKSHITIJYELKARDate:2025.09.24 12:04:14 +0530

… Mr. Vasant Gopala Bhalerao & others Applicants In the matter between … United India Insurance Company Ltd. Appellants V/s. … Mr. Vasant Gopala Bhalerao and others Respondents

Mr. SanjayShinde	Advocate for the Applicants.
Mr. Amol Gatne	Advocate for the Respondents

CORAM : S.M. MODAK, J

DATE : 19^th September 2025.

P.C. :

Interim Application No. 14770 of 2024

The awarded amount is deposited before the Tribunal. There is no dispute. Stay granted earlier is made absolute during the . pendency of this appeal. Interim Application is disposed of

LSP 2 10 fast 31106.24.doc

Interim Application No. 14769 of 2024

Heard learned Advocate for the parties.

This is an application for condonation of delay in filing an appeal against the award passed by learned Member, M.A.C.T. Nashik dated 22^nd March 2024. There was a delay. It is opposed.

For the reasons stated in the application, delay is condoned. Interim Application is disposed of.

First Appeal (st) No. 31106 of 2024

Heard learned Counsel for the parties.

Issue notice to the Respondents. Notice is waived on behalf of Respondent Nos.1 and 2. Compilation of documents be filed within four weeks.

Issue notice to Respondent No.3 for final disposal at admission stage, returnable on 7^th November 2025 .

Interim Application No. 11583 of 2025

Heard learned Advocate for the parties.

Mr. Gatne is having strong objection for withdrawal because it was an ‘Act Policy’. He intends to rely upon Supreme Court

LSP 3 10 fast 31106.24.doc judgments whereas learned Advocate for the Claimants is pressing hard to allow withdrawal.

Matter be listed on 29^th September 2025 .

(S.M. MODAK, J.)