The United India Insurance ... vs Vasantbhai Manjibhai Pagi
2021 Latest Caselaw 10262 Guj

     C/CA/124/2021                                       ORDER DATED: 02/08/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 124 of 2021

                     In F/FIRST APPEAL NO. 10258 of 2020

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              THE UNITED INDIA INSURANCE COMPANY LTD
                                Versus
                     VASANTBHAI MANJIBHAI PAGI
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Appearance:
MR MAULIK J SHELAT(2500) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3,5,6
RULE UNSERVED(68) for the Respondent(s) No. 4
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                            Date : 02/08/2021

                                ORAL ORDER

Heard learned advocate Mr.Maulik Shelat for the applicant. Rule is served upon respondent Nos.1, 2, 3, 5 and 6. None appears for either of them. Respondent No.4 - Tinaben w/o.Jagdishbhai Jagabhai Damor has died. Said respondent is deleted at the request of learned advocate of the applicant and at the cost and consequences of the applicant.

2. Delay of 232 days has taken place in preferring the First Appeal against the judgment and award of the Motor Accident Claims Tribunal (Aux.), Arvalli at Modasa dated 24th April, 2019 in Motor Accident Claims Petition No.43 of 2015.

3. Explaining the delay, applicant insurance company has stated that certified copy was applied and after obtaining it, legal opinion was solicited from the panel advocate. Opinion was received on 24th

C/CA/124/2021 ORDER DATED: 02/08/2021

February, 2020. It was submitted that thereafter the appeal was filed and delay of 232 days has occasioned. It is the averment that though there is some administrative delay, it is not with any intention or is not the result of any dilatory tactics.

4. The applicant is an insurance company. It is an impersonate body. When decision making process is undertaken in the applicant insurance company, consumption of time is inherent to a certain extent. Viewed from this point, delay is explained.

5. Sufficient cause is made out. Delay of 232 days is condoned. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) ANUP