Gujarat High Court
Bhagwatiben Nareshkumar Joshi vs Driver And Owner Of The Vehicle St Bus No ... on 26 June, 2025
NEUTRAL CITATION
C/CA/4874/2024 ORDER DATED: 26/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4874 of
2024
In F/FIRST APPEAL NO. 23805 of 2024
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BHAGWATIBEN NARESHKUMAR JOSHI & ORS.
Versus
DRIVER AND OWNER OF THE VEHICLE ST BUS NO GJ 18 V 3381 (DELETED)
& ORS.
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Appearance:
MR. PRAKASH K DESAI(15513) for the Applicant(s) No. 1,2,3
MR.DIPEN F CHAUDHARI(6740) for the Applicant(s) No. 1,2,3
MR TANMAY B KARIA(6833) for the Respondent(s) No. 4
MS SEJAL K MANDAVIA(436) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 26/06/2025
ORAL ORDER
1. Heard learned advocate Mr. Harshal Patel for Mr. Dipen F. Chaudhari, learned advocate on record for the applicants-original claimants. Learned advocate Ms. Sejal K. Mandavia has entered her appearance on behalf of respondent no.2 and learned advocate Mr. Tanmay Karia has appeared on behalf of respondent no.4.
2. Notice issued by this Court upon respondent no.3, has been duly served; however, no appearance has been entered.
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3. The present application is filed under Section 5 of the Limitation Act read with Section 173 (1) of the Motor Vehicles Act, 1988, seeking condonation of delay of 468 days caused in preferring the appeal.
4. Learned advocate for the applicants has referred to the averments made in the application, and has submitted that the impugned judgment and award was pronounced on 01.02.2023. The certified copy of the same was applied for on 04.10.2023 and the same was made available on 25.10.2023. However, the appeal could be filed on 12.08.2024. While referring to the aforesaid dates, learned advocate has submitted that the applicant no.1 is the widow of the deceased, and the mother of the applicant nos.2 and 3, who were minor at the time of the accident. He has further contended that she is mainly earning her livelihood by doing housekeeping, and there is no bread winner in her family. She is, therefore, facing financial difficulties, therefore, the time was consumed to meet with the legal expenses to pursue the appeal. Learned advocate has further pointed out that the time was also consumed in engaging the lawyer in High Court and to seek appropriate advise for filing the appeal, and to provide the documents. By referring to the aforesaid explanation offered, learned advocate has submitted that the applicants are the original claimants, who intend to present their case in appeal for Page 2 of 4 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Jun 27 2025 Downloaded on : Sat Jun 28 02:25:40 IST 2025 NEUTRAL CITATION C/CA/4874/2024 ORDER DATED: 26/06/2025 undefined enhancement. He has, therefore, submitted that liberal view may be taken and delay may be condoned, subject to condition of waiver of interest for the interregnum period of delay.
5. Learned advocates appearing for the respective respondents have objected to the aforesaid submissions of learned advocate for the applicants; however, learned advocates have left it to the Court to pass appropriate orders, subject to condition, as agreed by the original claimants.
6. Considering the aforesaid submissions of learned advocates for the respective parties and considering the explanation offered as well as noticing the fact that the applicant are the original claimants, who intend to present their appeal for enhancement of amount of compensation, taking liberal view, this Court is inclined to accept the explanation offered to be sufficient cause, which, prevented them to approach in appeal within stipulated period of limitation. However, noting the huge number of delay involved, in order to strike out the balance, the delay of 468 days caused in preferring the appeal, is condoned, subject to waiver of interest for the interregnum period of delay. The original claimants are, thus, not entitled to the interest for the interregnum period of delay, if in case, they succeed in appeal.
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7. With these observations, the delay of 468 days caused in preferring the appeal, is condoned. The Civil Application is allowed, and stands disposed of.
8. Registry is directed to reflect the name of learned advocates appearing for the respective respondents in the main appeal as well.
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