Gujarat High Court
Nadiya Hetalben Babubhai (Sister) vs Bajaniya Jagdishbhai Rameshbhai ... on 9 June, 2025
NEUTRAL CITATION
C/CA/3073/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO.
3073 of 2025
In F/FIRST APPEAL NO. 15991 of 2025
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NADIYA HETALBEN BABUBHAI (SISTER) & ANR.
Versus
BAJANIYA JAGDISHBHAI RAMESHBHAI HIRABHAI & ORS.
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 09/06/2025
ORAL ORDER
1. Heard Mr. A.V. Prajapati learned advocate on record for the applicant-original claimants. Issue rule returnable forthwith.
2. At the outset, learned advocate has invited my attention to the averments made in the application and has submitted that the applicants are the original claimants who are aggrieved by the impugned Judgment and Award dated 04.12.2024 passed by the Tribunal determining the amount of compensation on the lower side. He has further submitted that the Tribunal committed serious error in ignoring the settled principles of law while determining the award amount of compensation. Learned advocate while referring to the averments made in the application has submitted that after the impugned judgment was pronounced the certified copy was applied on 25.02.2025, which was made available on 06.03.2025, however, was collected on 12.03.2025. The Page 1 of 2 Uploaded by MS.KRUPABEN HASMUKHBHAI PATEL(HCD0077) on Wed Jun 11 2025 Downloaded on : Wed Jun 11 22:08:43 IST 2025 NEUTRAL CITATION C/CA/3073/2025 ORDER DATED: 09/06/2025 undefined applicants have decided to avail the remedy of appeal when the respondent Insurance Company had deposited the amount of compensation in the month of February, 2025, the applicants have thereafter immediately contacted the lawyer to prefer an appeal before this Court. In this process, the delay of 49 days had crept in. By making aforesaid submissions, learned advocate has submitted that the Court may not dismiss the present application on the technical ground of delay and an opportunity may be extended to present their case for enhancement as according to him the applicants have would case of merits to seek enhancement. He has therefore urged this Court to condone the delay.
3. Considering the aforesaid submissions of learned advocate for the applicant in light of the averments made in the application, noticing the fact that the applicants are trying to pursue their remedy of appeal in order to seek just and proper compensation within the four corner of law. This Court is inclined to take liberal view and to exercise its discretion and condone the delay. The delay of 49 days caused in preferring the captioned appeal is hereby condoned. Rule is made absolute.
(NISHA M. THAKORE,J) Krupa Patel Page 2 of 2 Uploaded by MS.KRUPABEN HASMUKHBHAI PATEL(HCD0077) on Wed Jun 11 2025 Downloaded on : Wed Jun 11 22:08:43 IST 2025