Gujarat High Court
Minor Parul Bharatbhai Lamka Thro ... vs Ranjanben Bhanjibhai Umraniya on 29 September, 2025
NEUTRAL CITATION
C/CA/2752/2025 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. 2752 of
2025
In F/FIRST APPEAL NO. 27170 of 2024
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MINOR PARUL BHARATBHAI LAMKA THRO NATURAL GUARDIAN AND
FATHER BHARATBHAI RAIYABHAI LAMKA (BHARVAD)
Versus
RANJANBEN BHANJIBHAI UMRANIYA & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MANAN K PANERI(7959) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 29/09/2025
ORAL ORDER
1. Heard learned counsels for the parties.
2. The present application has been preferred for seeking condonation of delay of 507 days caused in preferring the appeal against the impugned judgment and award dated 13.12.2022 passed by the learned Motor Accident Claims Tribunal (Aux.) at Rajkot in M.A.C.P. No. 966 of 2017.
3. Mr. Nishit A Bhalodi, learned advocate for the applicant submitted that the applicant is a minor and no amount of compensation was released in his favour owing to his minority. Therefore, the applicant could not arrange the Page 1 of 3 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Mon Oct 06 2025 Downloaded on : Mon Oct 06 21:57:21 IST 2025 NEUTRAL CITATION C/CA/2752/2025 ORDER DATED: 29/09/2025 undefined necessary finance to pay the Court Fee and other expenses involved in preferring the appeal. He further submitted that the delay is neither intentional nor malafide, but has occasioned owing to the reasons mentioned in detail at para nos. 3 & 4 of the application. He further submitted that the applicant shall not claim any interest on the enhanced amount of compensation for the entire period of delay, if the appeal for enhancement is allowed.
4. On the other hand, Mr. Manan K Paneri, learned advocate for the respondent no.2 - Insurance Company submitted that considering the facts and circumstances of the case, an appropriate order may be passed.
5. Having considered the submissions of the learned counsels for the parties and having regard to the fact that the applicant is a minor and the entire amount awarded to the applicant is lying deposited in Fixed Deposit with the Tribunal, therefore, owing to the poverty of the applicant, he could not prefer the appeal within the period of limitation. Thus, having regard to the ground for delay pressed into service, in my considered view, the delay has been properly explained and the instant application deserves to be allowed, subject to the condition that the claimant shall not be entitled for any interest on the enhanced amount of compensation for the entire period of delay, if the appeal for enhancement is allowed.
Page 2 of 3 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Mon Oct 06 2025 Downloaded on : Mon Oct 06 21:57:21 IST 2025NEUTRAL CITATION C/CA/2752/2025 ORDER DATED: 29/09/2025 undefined
6. In view of the above, the present Civil Application stands disposed of. No order as to costs.
7. Registry is directed to show the name of Mr. Manan K Paneri, learned advocate for the respondent nos. 2 - Insurance Company in the First Appeal.
(MOOL CHAND TYAGI, J) ARUN/HARSHIT Page 3 of 3 Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Mon Oct 06 2025 Downloaded on : Mon Oct 06 21:57:21 IST 2025