Meghji @ Megha Chhagan Koli vs Rahmatulla Umarbhai Rayma
2021 Latest Caselaw 14244 Guj

       C/CA/508/2021                                ORDER DATED: 16/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 508 of 2021

                       In F/FIRST APPEAL NO. 29597 of 2020

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                        MEGHJI @ MEGHA CHHAGAN KOLI
                                   Versus
                        RAHMATULLA UMARBHAI RAYMA
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Appearance:
VATSAL M PARIKH(9340) for the Applicant(s) No. 1
VISMAY V MALKAN(9284) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 16/09/2021

                                  ORAL ORDER

Heard learned advocate Mr. Malkan for the applicant.

2. Rule is served on all the respondents, however none has chosen to appear.

3. What is prayed is to condone delay of 344 days in preferring the First Appeal against judgment and award of the Motor Accident Claims Tribunal Industrial, Gandhidham-Kachchh in Motor Accident Claim Petition No. 263 of 2015. In the proposed appeal, the applicant claimant seeks enhancement in the awarded amount of compensation.

4. Explaining the delay, it is stated that judgment and award was delivered on 7.1.2019, whereafter various reasons including non- availability of funds prevented the applicant to immediately file the appeal. It is stated that the applicant is living 365 k.m. away from Ahmedabad. As the lockdown period intervened due to Covid 19

C/CA/508/2021 ORDER DATED: 16/09/2021

pandemic, further time elapsed before appeal could be finally filed. It is sated that the applicant appellant was seriously injured and was unable to do his daily routine work also.

5. In the totality of circumstances, it is not possible to infer that the applicant claimant was indolent to deliberately while away time in preferring the appeal. The cause could be said to be beyond his control. At the same time, since the delay is of 344 days, it will balance the interest, if token cost is imposed on the applicant while condoning the delay.

6. As a result, delay is condoned on the condition that the applicant shall deposit Rs. 500/- with the Gujarat High Court Advocates' Library within two weeks and the receipt shall be produced with the Registry to be placed on record.

7. This Civil Application is allowed accordingly. Rule is made absolute in the said terms.

(N.V.ANJARIA, J) C.M. JOSHI