Gujarat High Court
The United India Insurance ... vs Prahladsinh Laxmansinh Rathod on 16 November, 2021
Bench: Vipul M. Pancholi
C/CA/680/2021 ORDER DATED: 16/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION NO. 680 of 2021
In
F/FIRST APPEAL NO. 429 of 2021
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THE UNITED INDIA INSURANCE COMPANY LTD
Versus
PRAHLADSINH LAXMANSINH RATHOD
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Appearance:
MS MASUMI NANAVATY FOR MR VIBHUTI NANAVATI(513) for the
Applicant(s) No. 1
NS ARCHITA M PRAJAPATI(8241) for the Respondent(s) No. 3
MR MP PRAJAPATI(677) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 16/11/2021
ORAL ORDER
1. This Civil Application is filed under Section 5
of the Limitation Act, 1963, for condonation of delay
of 246 days caused in filing appeal against the
judgment and award dated 15.04.2019 passed by the
Motor Accident Claims Tribunal (Auxi.) and 3rd
Additional District Court, Banaskantha at Deodar, in
MACP No.1355 of 2015 (old MACP No.152 of 2010).
2. Heard Ms.Masumi Nanavaty, learned advocate for
Mr.Vibhuti Nanavati, learned advocate for the
applicant and Mr.M.P. Prajapati for respondent No.3 -
original claimant.
3. Learned advocate for the applicant has referred
the averments made in the memo of the application as
well as rejoinder affidavit filed by the applicant
and, thereafter, contended that the applicant has
taken appropriate steps for filing the appeal within
C/CA/680/2021 ORDER DATED: 16/11/2021
reasonable time and there is no inaction on the part
of the applicant - Insurance Company in preferring
the appeal and, therefore, when the applicant has
shown sufficient cause for not filing the appeal
within limitation period, delay of 246 days in filing
the appeal be condoned.
3.1 Learned advocate for the applicant has placed
reliance upon the following decisions:
(1) Kishorekumar Vallabhdasni Co Vs. Lalitaben
Hiralal Thakrar reported in 2002 (1) GLH (UJ) 2
(2) Order dated 17.02.2014 passed by this Court
in the case of navsari Agriculture University
Vs. Geeetaben J. Desai
(3) Order dated 07.05.2014 passed by the
Division Bench of this Court in the case of
Chief Controlling Revenue Authority Vs.
4. On the other hand, Mr.M.P. Prajapati, learned
advocate for respondent No.3, has referred the
affidavit-in-reply filed by respondent No.3 and,
thereafter, contended that the applicant has
suppressed the material facts in the memo of the
application and the applicant has not pointed out the
correct facts before this Court. It is pointed out
that the claimant issued notice to the Insurance
Company in November, 2019. The said notice was duly
received by the Insurance Company. The said fact is
C/CA/680/2021 ORDER DATED: 16/11/2021
not disclosed in the memo of the application. It is,
therefore, urged that this application may not be
entertained.
5. Having heard learned advocates appearing for the
parties and having gone through the material placed
on record, it has emerged that the applicant
Insurance Company gathered information from the
concerned Advocate on 19.03.2020 about the judgment
and award dated 15.04.2019 passed by the Claims
Tribunal and, thereafter, the applicant Insurance
Company applied for the certified copy of the said
judgment and award, which the Insurance Company
received on 08.06.2020. This Court has gone through
the averments made in the memo of the application,
affidavit-in-reply and affidavit-in-rejoinder.
6. In the facts of the present case, this Court is
of the view that there is no negligence or deliberate
inaction or lack of bonafide on the part of the
applicant in not filing the appeal within stipulated
time. The applicant has shown sufficient cause for
not filing the appeal within stipulated time and,
therefore, this Court is inclined to allow this
application.
7. The application is accordingly allowed. Delay of
246 days caused in preferring the appeal is condoned.
Rule is made absolute accordingly.
(VIPUL M. PANCHOLI, J)
piyush
