The New India Assurance Co Ltd vs Nidhiben Chiragkumar Devani
2021 Latest Caselaw 12633 Guj

         C/CA/1172/2021                                     ORDER DATED: 26/08/2021




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                     R/CIVIL APPLICATION NO. 1172 of 2021
                      In F/FIRST APPEAL NO. 15120 of 2021
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                          THE NEW INDIA ASSURANCE CO LTD
                                       Versus
                           NIDHIBEN CHIRAGKUMAR DEVANI
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Appearance:
MR PALAK H THAKKAR(3455) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
                   Date : 26/08/2021
                    ORAL ORDER

Heard learned advocate Mr.Palak Thakkar for the applicant. Rule is served on respondents, none appears.

2. It is to condone the delay of 188 days that the present application is filed by the Insurance Company. The delay has taken place in preferring the judgment and award dated 10.6.2019 passed by the Motor Accident Claims Tribunal (Main) Junagadh in Motor Accident Claims Petition No.65 of 2015.

3. Explaining the delay it is stated that certified copy was applied on 21.12.2020. Thereafter, the procedure was undertaken by forwarding the papers to the legal department of the appellant- Insurance Company. Time was consumed in the administrative process.

4. Since the applicant is Insurance Company and impersonate body, passage of time was inherent before it could arrive at the decision to prefer the appeal. Seen in this context, sufficient cause is made out.

5. Delay is condoned. The application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi