The United India Insurance ... vs Barot Amitkumar Mafatlal
2021 Latest Caselaw 3667 Guj

          C/CA/2689/2020                                     ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CIVIL APPLICATION NO. 2689 of 2020

                    In F/FIRST APPEAL NO. 21477 of 2020

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          THE UNITED INDIA INSURANCE COMPANY LIMITED
                              Versus
                  BAROT AMITKUMAR MAFATLAL
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
RULE NOT RECD BACK(63) for the Respondent(s) No. 4
RULE SERVED(64) for the Respondent(s) No. 1
RULE UNSERVED(68) for the Respondent(s) No. 2,3
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 02/03/2021
                              ORAL ORDER

1. Heard learned Advocate Mr. Rathin Raval for the applicant.

2. By way of this application the applicant has prayed for condoning the delay of 585 days in filing the captioned First Appeal against the judgment and award dated 11.05.2018 passed by the learned M.A.C. Tribunal (Main), Patan in M.A.C.P. No. 150 of 2008.

3. It is submitted by the learned Advocate Mr. Raval that the Rule had been issued by this Court vide order dated 27.11.2020 and whereas records show that the Rule has been served to the respondent No.1 who is original claimant and main contesting party. He further submits that in view of the fact that the claimant though served has chosen not to appear, the delay of 585 days in filing the captioned First Appeal may be condoned. Learned Advocate Mr. Raval further submits that the awarded amounts were very small in nature and at the relevant point of time upon calculation it was found that the liability of the applicant-Insurance Company was less than

C/CA/2689/2020 ORDER

Rs.10,000/- in two of three cases decided together and whereas in third case liability of the applicant is less than 30,000/-, but later on since the claimant was brought execution application for 90% of the amount against the Insurance Company for which the Insurance Company is not liable, and therefore it was decided to challenge the impugned judgment and award before this Court.

4. Considering the submissions made by learned Advocate Mr. Raval and averments made in the application, this Court is of the opinion that reasonable cause is made out for condoning the delay of 585 days in preferring the captioned First Appeal against the judgment and award dated 11.05.2018 passed by the learned M.A.C. Tribunal (Main), Patan in M.A.C.P. No. 150 of 2008, hence, the delay is condoned. This application is allowed. Rule is made absolute.

(NIKHIL S. KARIEL,J) BDSONGARA