The National Insurance Co Ltd vs Virambhai Manabhai Parmar ...
2021 Latest Caselaw 2303 Guj

          C/CA/4662/2019                                       ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 4662 of 2019
                                   In
                    F/FIRST APPEAL NO. 34693 of 2019

================================================================
                  THE NATIONAL INSURANCE CO LTD
                              Versus
               VIRAMBHAI MANABHAI PARMAR (VADHERI)
================================================================
Appearance:
MS KRUPALI BHATT FOR MS LILU K BHAYA(1705) for the Applicant(s) No.
1
 for the Respondent(s) No. 1,2,3,4,5
================================================================

 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 12/02/2021
                              ORAL ORDER

Heard learned advocate Ms.Krupali Bhatt for the applicant.

Rule.

This application is filed for condoning the delay of 335 days occurred in filing the First Appeal.

Learned advocate for the applicant has explained the delay in paragraph nos.4 and 5 by filing additional affidavit.

Learned advocate for the applicant has stated that the impugned award was pronounced on 10.09.2018 for which, certified copy was applied on 10.09.2018 and it was delivered on 29.11.2018. She has stated that the advocate for the applicant informed the applicant about the same and gave opinion vide letter dated 01.12.2018, which was received by the Nadiad Divisional Office on 03.12.2018 and sent the file for approval to the Regional Office, Vadodara on 05.04.2019, which was received on

C/CA/4662/2019 ORDER

08.04.2019. She has stated that since the opinion and judgment were inadvertently placed in some other file, it took some time and ultimately, the opinion and file was located in the third week of March, 2019.

She has further stated that thereafter the Regional Office, Vadodara sent the file to the advocate for the applicant on 09.04.2019, which was received by the advocate on 10.04.2019 and, thereafter, the advocate for the applicant after perusing the same, immediately prepared First Appeal and Civil Application for condonation of delay and stay and sent the same for swearing affidavit thereon to the applicant on 25.04.2019.She has further stated that the advocate for the applicant sent email on 16.05.2019 calling upon the applicant to send the amount of court fees and original receipt for deposit of amount under Section 173 of the M.V.Act. She has further stated that thereafter once again reminder was sent by email as well as letter dated 12.06.2019 and in pursuance to the email of the advocate, the Deputy Manager, Regional Office of the applicant wrote to the Divisional Office on 13.06.2019 to expedite sending the receipt against deposit made in compliance of the provisions under Section 173 of the M.V.Act. She has further stated that thereafter on 17.07.2019, Regional Office sent reminder to the Divisional Officer and once again reminder was sent by the Deputy Manager of the Regional Office of the applicant on 26.07.2019 and the Divisional Manager reminded the advocate to send the copy of the receipt at the earliest vide email dated 29.07.2019. She has further stated that thereafter the applicant on 29.07.2019 deposited the amount under Section 173 of the M.V.Act. She has further stated that thereafter the Divisional Office sent original purshis to the advocate for the applicant on 01.08.2019 and after that, once again advocate for the applicant sent reminder dated 26.09.2019 to the applicant to send original receipt for deposit of amount under Section 173 of the M.V.Act and the said receipt was ultimately sent to the advocate for the applicant on 03.10.2019, which was received by

C/CA/4662/2019 ORDER

the advocate on 04.10.2019 through email and on receipt of the original receipt in post, the appeal is filed on 17.10.2019. Thus, she has stated that the delay of 335 days has occurred in filing of the First Appeal.

It is also stated by the learned advocate for the applicant that delay is not deliberate and there is no negligence on the part of the applicant.

It appears that the delay has occurred because of the administrative procedure, which is required to be followed by the applicant-Insurance Company. It seems that the delay occurred in filing the First Appeal is not intentional or with any mala fide intention.

Accordingly, the delay of 335 days occurred in filing the First Appeal is required to be condoned and the same is hereby condoned. The Civil Application is allowed to the aforesaid extent. Rule is made absolute.

(VAIBHAVI D. NANAVATI,J) ABHISHEK