Icici Lombard General Insurance ... vs Kailashben Shaileshbhai Parasar
2021 Latest Caselaw 4220 Guj

          C/CA/514/2021                                    ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CIVIL APPLICATION NO. 514 of 2021

                    In F/FIRST APPEAL NO. 8961 of 2020

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            ICICI LOMBARD GENERAL INSURANCE CO LTD
                             Versus
                KAILASHBEN SHAILESHBHAI PARASAR
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Appearance:
MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
DS AFF.NOT FILED (R)(71) for the Respondent(s) No. 1,2,3,4,5
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 15/03/2021

                              ORAL ORDER

1. Heard learned advocate Ms. Kirti S. Pathak on behalf of

the applicant.

2. At the outset, Ms. Pathak submits that though the

endorsement on the board shows that D.S. Affidavit not filed,

today she has filed the D.S. Affidavit which shows respondents

No. 1 to 3 - original claimants have been served. Respondents

No.4 and 5 being driver and owner of the Car and offending

vehicle, could not be served. She further submits that since

delay is only of 17 days and whereas since the insurance

company is facing execution proceedings, this Court may

C/CA/514/2021 ORDER

condone the delay, more particularly considering the request

made by the applicant in the application.

3. Having heard the learned advocate for the applicant and

having perused the averments made in the application, this

Court is of the considered opinion that delay of 17 days caused

in filing of the present appeal challenging the judgment and

award passed by the learned MACT in MACP No.1225/2013 at

Vadodara dated 15.11.2019 deserves to be condoned and is

hereby condoned. Civil application is disposed of as allowed.

Rule is made absolute accordingly.

(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN