Oriental Insurance Company vs Samuben Jayantibhai Vaghela
2021 Latest Caselaw 3670 Guj

               C/CA/319/2019                            ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CIVIL APPLICATION NO. 319 of 2019

             In F/FIRST APPEAL NO. 36478 of 2018

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                 ORIENTAL INSURANCE COMPANY
                             Versus
                 SAMUBEN JAYANTIBHAI VAGHELA
============================================
Appearance:
MS MAUSAMI NANAVATI FOR MR DAKSHESH MEHTA(2430) for
the Applicant(s) No. 1
MR MAULIK J SHELAT(2500) for the Respondent(s) No. 8
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1,2,3,4,5
RULE UNSERVED(68) for the Respondent(s) No. 6,7
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 02/03/2021

                                ORAL ORDER

1. Heard learned Advocate Ms. Mausami Nanavati for learned Advocate Shri Dakshesh Mehta for applicant. Though served, none appears on behalf of the respondents.

2. By way this application, the applicant prays for condonation of delay of 68 days in filing First Appeal challenging the judgment and award passed by the learned Additional District Judge, Motor Accident Claims Tribunal (Auxi), Ahmedabad, Rural, in M.A.C.P. No.1366 of 1998 dated 15.06.2018.

3. Learned Advocate Ms. Nanavati has submitted that the delay of 68 days occurred on account of the stringent procedure being followed by the appellant - Insurance Company and whereas she has drawn attention of this Court to para 3 of this application, whereby the delay has been explained on

C/CA/319/2019 ORDER

day-to-day basis.

4. Considering the submissions made by learned Advocate for the applicant and considering the averments in the application, the delay caused in filing First Appeal challenging the judgment and award passed by the learned Additional District Judge, Motor Accident Claims Tribunal (Auxi), Ahmedabad, Rural, in M.A.C.P. No.1366 of 1998 dated 15.06.2018, is hereby condoned. Rule is made absolute.

(NIKHIL S. KARIEL,J) Y.N. VYAS