Hareshbhai Amarshibhai vs Chatrabhuj Jivrambhai
2021 Latest Caselaw 14342 Guj

     C/CA/2833/2019                                 ORDER DATED: 17/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2833 of 2019

                      In F/FIRST APPEAL NO. 23098 of 2019

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                           HARESHBHAI AMARSHIBHAI
                                   Versus
                           CHATRABHUJ JIVRAMBHAI
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Appearance:
MS AMRITA AJMERA(5204) for the Applicant(s) No. 1,2,3,4
MR GC MAZMUDAR(1193) for the Respondent(s) No. 3
MR HG MAZMUDAR(1194) for the Respondent(s) No. 3
RULE SERVED(64) for the Respondent(s) No. 1,2,4,5
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 17/09/2021

                                 ORAL ORDER

Heard learned advocate Ms.Amrita Ajmera for the applicants and learned advocate Mr. G.C.Mazmudar for the respondent No.3. Rule is served for respondent Nos.1, 2, 4 and 5, none appears.

2. This application is filed by the applicants- claimants praying to condone the delay of 382 days occurred in preferring the First Appeal. The First Appeal is proposed to be filed against judgment and award of the Motor Accident Claims Tribunal, Surendranagar in Motor Accident Claims Petition No.1080 of 2012, wherein the applicants claimed enhancement in the compensation.

3. The certified copy was applied immediately. Further, it is stated that the applicants could not take immediate steps since they hail from poor strata of the society and further they do not

C/CA/2833/2019 ORDER DATED: 17/09/2021

know legal procedure and intricacies. The ground can be said to be bonafide to make sufficient cause.

4. Normally, the Court could have put the condition for disentitling the applicants to get the interest in the event they succeed in the appeal, however it was urged that the applicants are poor labourers and had no means to file the appeal, therefore the delay maybe considered bonafide.

5. In the aforesaid view, delay is condoned. The application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi