United India Insurance Co.Ltd vs Thakor Bharatji Manaji
2021 Latest Caselaw 15496 Guj

     C/CA/179/2020                                 ORDER DATED: 04/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/CIVIL APPLICATION NO. 179 of 2020

                      In F/FIRST APPEAL NO. 36355 of 2019

==========================================================
                       UNITED INDIA INSURANCE CO.LTD
                                    Versus
                          THAKOR BHARATJI MANAJI
==========================================================
Appearance:
MR GC MAZMUDAR(1193) for the Applicant(s) No. 1
MR HG MAZMUDAR(1194) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                               Date : 04/10/2021

                                 ORAL ORDER

Heard learned advocate Mr.G.C.Mazmudar for the applicant. Rule is served on the respondents but none appears.

2. The applicant- Insurance Company has explained delay of 191 days which has occasioned in preferring the First Appeal against the judgment and award of the Motor Accident Claims Tribunal with following averments.

"The judgment was pronounced on 23.1.2019 and application for copy for judgment and award was applied on 12.2.2019 and copy was ready on 22.2.2019 and delivered on 25.2.2019 to attending advocate and it was informed to insurance company at Mehsana Office on or about 25.4.2019. As said file was tagged with other pending files so, it was not attended for some time and then after Mehsana Office has sent all the papers to Regional Office on or about 16.10.2019 and Regional Office has sent all the papers to advocate for opinion on 22.10.2019 and received opinion on 25.10.2019. Considering opinion Ahmedabad office has after getting permission sent all the papers to High Court

C/CA/179/2020 ORDER DATED: 04/10/2021

advocate for preferring an appeal on or about 29.10.2019 and advocate took some time for preparing appeal and due to Diwali vacation in Hon'ble High Court matter is file on opening of vacation. It is submitted that, company has to follow certain procedure and requires permission from higher authorities and so some time has consumed to prefer an appeal."

3. Time consumed is in the administrative process.

4. Sufficient cause is made out to condone the delay.

5. Delay is condoned. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi