The Oriental Insurance Co.Ltd. vs Hareshbhai Manilal Patel
2021 Latest Caselaw 5068 Guj

             C/CA/174/2021                          ORDER




           IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                   R/CIVILAPPLICATIONNO. 174 of 2021

                    In F/FIRSTAPPEALNO. 23360of 2020

==========================================================
                  THEORIENTALINSURANCECO.LTD.
                                Versus
                     HARESHBHAIMANILALPATEL
==========================================================
Appearance:
MRRATHINP RAVAL(5013)for the Applicant(s)No. 1
MR.HIRENM MODI(3732)for the Respondent(s)No. 1,2
RULESERVED(64)for the Respondent(s)No. 3
UNSERVEDREFUSED(R)(70)for the Respondent(s)No. 4
==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date: 05/04/2021

                              ORALORDER

Heard learned Advocate Shri Rathin P. Raval on behalf of the applicant­appellant, learned Advocate Shri Hiren Modi for the respondents no. 1 and 2­original claimants.

2. Endorsement shows that rule is served to respondent no. 3 who has chosen not to appear and endorsement further shows that respondent no. 4 has refused to accept the notice of this Court.

3. By way of this application, the applicant prayed for condoning delay of 253 days which has occurred in challenging the judgment and award passed by learned Motor Accident Claims Tribunal, Ahmedabad (Rural) at Mirzapur in

C/CA/174/2021 ORDER

MACP No. 619 of 2009. The applicant has submitted reasons on account of which delay has caused at paras no. 3,4,5,6,7 of the application.

4. Considering the submissions made by learned Advocate Shri Rathin P. Raval and considering the averments made in the application, delay of 253 days has been sufficiently explained.

5. Considering the same, delay is condoned. Application stands disposed of. Rule is made absolute.

(NIKHILS. KARIEL,J) MARYVADAKKAN