Gujarat High Court
Harishsinh @ Harishsinh Mavjibhai ... vs Rameshbhai Kesharbhai Jadhav on 1 September, 2025
NEUTRAL CITATION
C/CA/1101/2025 ORDER DATED: 01/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1101 of
2025
In F/FIRST APPEAL NO. 4340 of 2025
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HARISHSINH @ HARISHSINH MAVJIBHAI MAKWANA & ANR.
Versus
RAMESHBHAI KESHARBHAI JADHAV & ORS.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
MR. MITESH R RAVAL(17405) for the Respondent(s) No. 1
MR. SANDEEP M SONI(17404) for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 01/09/2025
ORAL ORDER
1. Heard Mr. Nishit Bhalodi, learned advocate on record for the applicants-original claimants.
2. Pursuant to the rule issued by the Co-ordinate Bench of this Court vide order dated 07.03.2025, notice is reported to have been duly effected upon the respondents. However, except for respondent no.1-driver of the owner of, who is represented by learned advocate Mr. Mitesh R. Raval with learned advocate Mr. Sandeep M. Soni, no appearance has been entered on behalf of respondent nos.2 and 3 being the owner and the insurance company of the vehicle involved.
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Despite sufficient opportunity being granted, in absence of any appearance being entered by the aforesaid respondents, the present application is taken up for hearing in their absence, with the assistance of learned advocates on record for the respective parties.
3. The present application is filed under Section 173(1) of the Motor Vehicles Act, 1988, read with Section 5 of the Limitation Act, 1963, at the instance of the original claimants praying for conndonation of delay of 1332 days caused in preferring the appeal.
4. At the outset, learned advocate appearing for the applicants has drawn my attention to the averments made in the application, and has submitted that the present applicants are the original claimants, who intend to present their appeal for enhancement of amount of compensation. Considering the benevolent scheme of the Act, the Tribunal having failed to extend just and proper compensation, they may not be deprived of their opportunity to satisfy this Court on merits of the case. Learned advocate has, therefore, urged this Court to take liberal approach and to condone the delay. Alternatively, it is submitted that the interest for the interregnum period may not be awarded.
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5. Learned advocate Mr. Mitesh R. Raval with learned advocate Mr. Sandeep M. Soni, though, have entered their appearance on behalf of respondent no.1, have failed to appear and object to the present application.
6. From the record, it transpires that no affidavit has been filed till date on their behalf objecting to the prayer sought for in the present application. This Court is, therefore, required to look into the averments made in the application for the purpose of verifying the sufficient cause, in order to consider their prayer for condonation of delay.
7. It is submitted that the impugned judgment and award though was pronounced on 17.03.2021 and the certified copy was received on 07.04.2021. The applicants were advised by their lawyer to approach in appeal. In the month of June-2021, at that stage, the applicants have realized that arrangement was required to be made towards the legal expenses, to be incurred in filing the appeal. Since the amount of compensation was awaited, the further time was consumed in approaching in appeal. The applicants have received the compensation only on 09.08.2021, and thus, they could gather the funds to meet with legal expenses in the month of August-2021. It is further Page 3 of 5 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 23:25:15 IST 2025 NEUTRAL CITATION C/CA/1101/2025 ORDER DATED: 01/09/2025 undefined submitted on oath that the advocate on record had opined to challenge the impugned judgment and award, and the requirement of certified copy, and accordingly, the appeal was drafted, and was presented before the Registry of this Court in the month of May-2023 along with present application for condonation of delay, since the delay had crept in.
8. Considering the aforesaid explanation offered and in absence of any contradiction being brought on record against the aforesaid averments being made on oath, this Court is inclined to accept the aforesaid explanation to be a sufficient cause, which prevented the applicants from approaching in appeal within stipulated period of limitation. Noticing the number of days involved, in order to strike out the balance, the present application seeking condonation of delay of 1332 days caused in preferring the appeal, is hereby accepted, subject to condition that the applicants shall not be entitled to seek interest for the aforesaid interregnum period of delay caused in preferring the appeal.
9. For the foregoing reasons, the present Civil Application is allowed. The delay of 1332 days caused in preferring the appeal, is hereby condoned, on condition that the applicants shall not press for Page 4 of 5 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Tue Sep 02 2025 Downloaded on : Tue Sep 02 23:25:15 IST 2025 NEUTRAL CITATION C/CA/1101/2025 ORDER DATED: 01/09/2025 undefined interest for the interregnum period of delay, in case, if they succeed in main appeal.
10. With these observations, the present Civil Application stands disposed of. Rule is made absolute to the aforesaid extent.
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