National Insurance Co. Ltd. vs Shakuntala Kishor Singh And Ors. — Bombay HC (2026) — LawSathi Research

National Insurance Co. Ltd. vs Shakuntala Kishor Singh And Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicants permitted to withdraw 50% of the amount deposited by the appellant in this Court, with accrued interest, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial); delay of 19 days in filing the first appeal condoned (that application allowed and disposed of); notice ordered in the first appeal, returnable on 07.05.2026.

Issue for consideration

Whether the applicants should be permitted to withdraw the amount deposited in this Court pursuant to the award, and if so, to what extent. +2 more

Court's answer

The application for withdrawal of the amount deposited pursuant to the award is partly allowed.

Ratio / Principle

The applicants are permitted to withdraw 50% of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing the usual undertaking to the satisfaction of the learned Registrar (Judicial).

Key takeaways

The civil application for condonation of delay is allowed and disposed of, and the delay of 19 days caused in filing the first appeal is condoned.ratio¶¶37
Condonation was granted in the interest of justice because the delay was found to be neither deliberate nor intentional.ratio¶¶34
Notice is to be issued to the respondents in the first appeal, returnable on 07.05.2026; the appellant's advocate is to provide the appeal memo and other relevant documents to the respondents, and the Record and Proceedings are to be called for.ratio

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Sanjay A. Deshmukh, J., Per Court), order dated 13.03.2026 in Civil Application No. 3033 of 2026 in FAST/7747/2025 (with Civil Applications Nos. 3662 and 3663 of 2025), Shakuntala Kishor Singh & Anr. v. National Insurance Co. Ltd. & Anr.: (1) The application for withdrawal of the amount deposited in Court pursuant to an award was partly allowed — the applicants were permitted to withdraw 50% of the deposit with accrued interest on furnishing the usual undertaking to the Registrar (Judicial), notwithstanding Respondent No.1's objection that the policy was not valid as the accident occurred outside the physical area covered by the policy. (2) The delay of 19 days in filing the first appeal was condoned, the Court finding the delay neither deliberate nor intentional, and that application was allowed and disposed of. (3) In the first appeal, notice was ordered to the respondents, returnable on 07.05.2026, with service of notice waived by Mr. Amol T. Jagtap for Respondent Nos.1 and 2, and the Record and Proceedings were called for.

929 CA NO. 3033 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

929 CIVIL APPLICATION NO. 3033 OF 2026

IN FAST/7747/2025

Shakuntala Kishor Singh And Anr. VERSUS

National Insurance Company Ltd. And Anr.

Mr. Jagtap Amol Tanajirao, Advocate for Applicant Mr. Atul Bhaskar Gatne, Advocate for Respondent No.1

WITH

CIVIL APPLICATION NO. 3662 OF 2025 IN FAST/7747/2025 WITH CIVIL APPLICATION NO. 3663 OF 2025 IN FAST/7747/2025

CORAM : SANJAY A. DESHMUKH, J.

DATE : 13.03.2026

PER COURT :-

APPLICATION FOR WITHDRAWAL OF AMOUNT

This is an application seeking permission to withdraw

the amount deposited in this Court pursuant to the award.

Heard.

Learned advocate for respondent No.1 strongly

opposed the application. He submitted that the policy was not valid as the accident occurred outside the physical area covered by

the policy. He prayed to reject the application.

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(( 2 )) 929 CA NO. 3033 OF 2026

Perused the application. For the reasons stated therein

and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order:

a. The application is partly allowed.

b. The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

APPLICATION FOR DELAY

Heard.

This is an application for condonation of delay of 19 days caused in filing the first appeal.

Learned Advocate for respondents strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

Perused the application. For the reasons stated therein,

the application deserves to be allowed in the interest of justice as the

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(( 3 )) 929 CA NO. 3033 OF 2026

delay is neither deliberate nor intentional. Hence, the following

order:

a. Civil Application is allowed.

b. The delay of 19 days caused in filing the first appeal is condoned.

c. The application is disposed of.

FIRST APPEAL

Issue notice to the respondents, returnable on

07.05.2026.

Learned Advocate Mr. Amol T. Jagtap waives service of notice for Respondent Nos.1 and 2. Learned advocate for the appellant is directed to provide copy of the appeal memo and other relevant documents to the respondents.

Call Record and Proceedings.

[ SANJAY A. DESHMUKH, J. ]

HRJadhav

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