The Oriental Insurance Co.Ltd vs Desai Jayrambhai Kanjibhai
2021 Latest Caselaw 12810 Guj

         C/CA/2316/2020                                 ORDER DATED: 27/08/2021




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION NO. 2316 of 2020
                           In F/FIRST APPEAL NO. 20624 of 2020
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                           THE ORIENTAL INSURANCE CO.LTD.
                                       Versus
                             DESAI JAYRAMBHAI KANJIBHAI
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
NOTICE ISSUED BY PUBLICATION(77) for the Respondent(s) No. 1
RULE SERVED BY DS(65) for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                    Date : 27/08/2021
                                     ORAL ORDER

Heard learned advocate Mr.Rathin Raval for the applicant.

2. Rule is served, none appears.

3. Delay of 144 days is prayed to be condoned by the applicant- Insurance Company, by filing this application.

4. Delay has taken place in preferring the First Appeal against the judgment and award of the Motor Accident Claims Tribunal. The averments in the application explaining the passage of time indicate that the delay is largely attributable to the decision making process and the administrative process required to be undertaken before the final decision could be reached to prefer the appeal.

5. Sufficient cause is made out to condone the delay of 144 days. Accordingly, delay is condoned. This application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi