Gujarat High Court
Muriben Karsan Parmar vs Tribhuvan Rai on 29 September, 2025
NEUTRAL CITATION
C/CA/4979/2025 ORDER DATED: 29/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4979
of 2025
In F/FIRST APPEAL NO. 27286 of 2025
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MURIBEN KARSAN PARMAR & ORS.
Versus
TRIBHUVAN RAI & ORS.
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Appearance:
MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 29/09/2025
ORAL ORDER
1. The present application has been preferred for seeking condonation of delay of 450 days caused in preferring the appeal against the impugned judgment and award.
2. Heard learned advocate for the applicant.
3. Learned advocate for the applicant submitted that the delay of 450 days has occasioned in preferring the appeal owing to the reasons that the sole bread earner of the family succumbed to the vehicular injuries and he was left behind two minor sons and widow. They could not arrange the funds to prefer the appeal required for paying the court fees and other expenses. He further submitted that the delay is neither Page 1 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 22:15:38 IST 2025 NEUTRAL CITATION C/CA/4979/2025 ORDER DATED: 29/09/2025 undefined intentional nor malafide but has occasioned owing to the poverty of the applicants. He further submitted that the applicants shall not claim any interest for the delayed period on the enhanced amount of compensation, if the appeal is allowed.
4. Having considered the submissions of the learned advocate for the applicant and having regard to the facts that the sole bread earner of the family has expired in the accident and he was left behind the applicants who could not file the appeal owing to their poverty, constitutes a sufficient ground for condoning the delay. Hence, the present application deserves to be allowed subject to the condition that the claimants shall not be entitled for the interest for the delayed period on the enhanced amount of compensation, if the appeal is allowed. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 2 of 2 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Oct 01 2025 Downloaded on : Wed Oct 01 22:15:38 IST 2025