Ratansinh Parvatsinh Baria vs Andarsinh Rayjibhai Baria
2021 Latest Caselaw 14346 Guj

     C/CA/2931/2019                                         ORDER DATED: 17/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2931 of 2019

                      In F/FIRST APPEAL NO. 21044 of 2019

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                         RATANSINH PARVATSINH BARIA
                                   Versus
                          ANDARSINH RAYJIBHAI BARIA
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Appearance:
MR. HEMAL SHAH(6960) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 17/09/2021

                                     ORAL ORDER

Heard learned advocate Mr.Hemal Shah for the applicant. Rule is served on the respondents, however none appears.

2. The applicant-original claimant has prayed to condone delay of 313 days which has occurred in preferring the First Appeal to challenge judgment and award dated 25th May, 2018 in Motor Accident Claims Petition No.1021 of 2015, whereby compensation of Rs.03,62,500/- came to be awarded to the applicant with interest. As the claimant is seeking enhancement, First Appeal is preferred.

3. In respect of passage of time leading to the delay as above, it is stated that the applicant suffered amputation of right leg. The agriculturist- applicant had to incur sizable expenses towards treatment and he was the sole bread earner in the family. In such situation, it was submitted that

C/CA/2931/2019 ORDER DATED: 17/09/2021

funds could not be arranged for payment of legal expenses and court fees. It is submitted that the delay is thus attributable to weak financial condition of the applicant. It is stated that the family is still facing financial crisis.

4. The cause advanced appears to be genuine in the facts of the case. Any indolence or negligence could not be attributed to the applicant or his conduct in respect of delay which has taken place in filing the appeal. Sufficient cause is made out. Delay is condoned.

5. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) ANUP