Raval Motiben Wd/O Kalabhai ... vs Driver Of Truck No Gj 9 Y 7419 Died In ...
2021 Latest Caselaw 14347 Guj

       C/CA/3046/2019                                   ORDER DATED: 17/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 3046 of 2019

                        In F/FIRST APPEAL NO. 22953 of 2019

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              RAVAL MOTIBEN WD/O KALABHAI GANESHBHAI
                               Versus
            DRIVER OF TRUCK NO GJ 9 Y 7419 DIED IN ACCIDENT
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Appearance:
MR. YOGENDRA THAKORE(3975) for the Applicant(s) No. 1,2
for the Respondent(s) No. 1,4
MR VIBHUTI NANAVATI(513) for the Respondent(s) No. 3
MR VIBHUTI NANAVATI(513)-G for the Respondent(s) No. 6
RULE SERVED(64) for the Respondent(s) No. 2,5
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                  Date : 17/09/2021

                                      ORAL ORDER

Heard learned advocate Mr.Yogendra Thakore for the applicants and learned advocate Mr.Vibhuti Nanavati for the respondent Nos.3 and 6.

2. Rule is served on respondent Nos.2 and 5, none appears.

3. What is prayed in this application is to condone the delay of 255 days which has occurred in preferring First Appeal which is for enhancement of the compensation by applicants- appellants- claimants.

4. The judgment and award of the Motor Accident Claims Tribunal, Mehsana in Motor Accident Claims Petition No.1057 of 2012 was delivered on 7.8.2018.

5. It is stated that the applicants were not aware about the

C/CA/3046/2019 ORDER DATED: 17/09/2021

legal proceedings to prefer the appeal and were advised to do the same. It is stated on oath that the applicants then contacted the advocate at Ahmedabad. It is because of lack of proper knowledge on part of the applicants it has resulted into delay of 255 days.

6. For the reasons supplied in the memorandum of the application on oath, and in totality of facts, it could not be said that there was any deliberate conduct on part of the applicants to while away time. Sufficient cause is made out to condone the delay.

7. Therefore delay of 255 days caused in preferring the First Appeal is condoned. This application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi