The Oriental Insurance Company ... vs Babubhai Devabhai Budadiya
2021 Latest Caselaw 14339 Guj

        C/CA/57/2020                                ORDER DATED: 17/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CIVIL APPLICATION NO. 57 of 2020

                       In F/FIRST APPEAL NO. 40611 of 2019

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                  THE ORIENTAL INSURANCE COMPANY LTD.
                                  Versus
                       BABUBHAI DEVABHAI BUDADIYA
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Appearance:
MR HARDIK P MEHTA(6943) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2,3,4,5,6
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 17/09/2021

                                  ORAL ORDER

Heard learned advocate Mr. Hardik Mehta for the applicant.

1.1 All the respondents are served, however none has chosen to appear.

2. What is prayed in this Civil Application is to condone the delay of 282 days in preferring the First Appeal against judgment and award of the Motor Accident Claims Tribunal.

3. The applicant - appellant insurance company has stated to explain the delay that judgment and award was passed on 3.12.2018. Thereafter, certified copy was applied immediately on 5.1.2018, which became ready on 9.1.2019. The advocate of the appellant insurance company sent certified copy alongwith opinion on 22.4.2019. The co-coordinating office collected the papers from the Himmatnagar Branch. The Regional Office decided to prefer the appeal and appointed the lawyer on the panel who received the file on 12.8.2019.

C/CA/57/2020 ORDER DATED: 17/09/2021

4. It was thus administrative process in the applicant company which contributed in passage of time leading to the delay to the aforesaid extent. It cannot be said that sufficient cause is not made out when the time consumed was in decision making process by the applicant insurance company.

5. Delay of 282 days is condoned. Civil Application is allowed. Rule is made absolute.

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