The New India Assurance Co Ltd vs Bhavinbhai Prakashbhai Salot ...
2021 Latest Caselaw 344 Guj

           C/CA/3728/2019                                   ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 3728 of 2019

                     In F/FIRST APPEAL NO. 21775 of 2019

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              THE NEW INDIA ASSURANCE CO LTD
                           Versus
 BHAVINBHAI PRAKASHBHAI SALOT (HEIR OF DECEASED KOMALBEN
                    BHAVINBHAI SALOT)
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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
SERVED BY AFFIX. (R)(67) for the Respondent(s) No. 3
UNSERVED REFUSED (R)(70) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 11/01/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Palak Thakkar for the applicant.

2. Rule is served upon respondent No.1. Respondent No.3 is served by affixing. Respondent No.2, who is driver, is sought to be deleted from the array of the respondents, as not a necessary party at least for the purpose of present application. Request to delete respondent No.2 made by learned advocate for the applicant is granted. Respondent No.2 stands deleted.

3. Delay of 35 days which has taken place in preferring the First Appeal against judgment and award of the Motor Accident Claims

C/CA/3728/2019 ORDER

Tribunal is explained by the applicant insurance company stating that time was consumed in the administrative hierarchies of the applicant insurance company before final decision to prefer the appeal could be reached.

4. Since the applicant is impersonate body, consumption of time in the decisional process is to an extent inherent. Delay of 35 days could be said to have been explained properly. Sufficient cause is made mount. Delay is condoned.

5. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) C.M. JOSHI