Maganbhai Dahyabhai Rathod vs Babukhan Sarifkhan
2021 Latest Caselaw 14240 Guj

      C/CA/2170/2019                                          ORDER DATED: 16/09/2021


            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 2170 of 2019
                        In F/FIRST APPEAL NO. 23221 of 2019
                                       With
                       R/CIVIL APPLICATION NO. 2171 of 2019
                                       With
                       R/CIVIL APPLICATION NO. 2172 of 2019
                                       With
                       R/CIVIL APPLICATION NO. 2173 of 2019
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                         MAGANBHAI DAHYABHAI RATHOD
                                    Versus
                            BABUKHAN SARIFKHAN
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
for the Respondent(s) No. 3
MR SUNIL B PARIKH(582) for the Respondent(s) No. 6
RULE SERVED(64) for the Respondent(s) No. 2,4,5
RULE UNSERVED(68) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                              Date : 16/09/2021

                              COMMON ORAL ORDER

In these Civil Applications of condonation of delay filed by the applicant-claimant in the respective First Appeals which are directed against corresponding to common judgment and award dated 28th February, 2018 passed by Motor Accident Claims Tribunal (Aux.), Ankleshwar in Motor Accident Claims Petition Nos.503-506/2013 (Old Nos.820-823/2008).

1.1 Civil Application No.2170 of 2019 in F/First Appeal/23221/2019 is in relation to common judgment and award insofar as it concerns Motor Accident Claims Petition No.503 of 2013. Other Civil Applications in the respective First Appeals are in Motor Accident Claims Petition Nos.504-506/2013 respectively.

C/CA/2170/2019 ORDER DATED: 16/09/2021

2. Delay of 419 days have taken place in preferring appeals which are for enhancement in the compensation.

3. Explaining the delay, it is submitted that since the applicants did not have enough funds to pay the legal expenses and the court fees, they could not file the appeals immediately. The applicants belong to class of labourers and hail from poor strata of the society. They were awaiting for deposit of compensation amount so that thereafter they could incur expenses for preferring the appeal.

4. No litigant would while away the time for the sake of whiling away when he wants to litigate for his rights. In the present case also, the reasons supplied are bona fide and do not reflect indolence of any kind on part of the applicants who are labourers. They are entitled to get their claim for enhancement adjudicated on merits rather then being thrown out on technical ground of delay.

5. At the same time, looking to the extent of delay, applicants are required to be put to some terms. In this regard, learned advocate Mr.Nishit Bhalodi for the applicants in all the Civil Applications fairly stated that applicants would forgo the interest for the delayed period in the event they succeed in their appeal.

6. As stated above, the reasons make out sufficient cause, therefore delay deserves to be condoned.

C/CA/2170/2019 ORDER DATED: 16/09/2021

6.1 Resultantly, all the applications are allowed by condoning delay of 419 days in each, on condition however that the applicants-claimants concerned shall not be entitled to claim interest for the delayed period of 419 days in the event they succeed in their First Appeals.

7. All the applications are allowed in the aforesaid terms. Rule is made absolute accordingly.

(N.V.ANJARIA, J) ANUP