Gitaben Muljibhai Rathod vs Ikbal Munnakhan Muslim
2021 Latest Caselaw 15586 Guj

        C/CA/2956/2019                               ORDER DATED: 04/10/2021



              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/CIVIL APPLICATION NO. 2956 of 2019
                                     In
                      F/FIRST APPEAL NO. 25943 of 2019
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                                GITABEN MULJIBHAI RATHOD
                                             Versus
                                 IKBAL MUNNAKHAN MUSLIM
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2
MR PALAK H THAKKAR(3455) for the Respondent(s) No. 3
RULE UNSERVED(68) for the Respondent(s) No. 1,2
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  CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
                   Date : 04/10/2021
                    ORAL ORDER

Heard Mr. Nishit A. Bhalodi, learned advocate for the applicant and Mr. Palak H. Thakkar, learned advocate for the respondent No.3-Insurance Company.

Respondent No.1 is the driver and the respondent No.2 owner of the offending vehicle.

Present application is preferred to condone the delay of 72 days which has occurred in preferring the appeal to challenge the judgment and award of the tribunal.

The applicants have preferred the appeal for the purpose of enhancement of the compensation which is awarded them by the tribunal by the impugned judgment, since the appeal is for enhancement of compensation only, the presence of respondent No.1 & 2 is not necessary for the purpose of disposal of the present application.

Considering the averments made in the application, delay which has occurred in preferring the appeal to assail the judgment and award of the tribunal is hereby condoned. Rule is made absolute.

(A.G.URAIZEE, J) Manoj