Sahdevsinh Gumansinh Vaghela vs Gujarat State Road Transport ...
2021 Latest Caselaw 14349 Guj

     C/CA/3731/2019                                 ORDER DATED: 17/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 3731 of 2019
                                       In
                        F/FIRST APPEAL NO. 35557 of 2019


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              SAHDEVSINH GUMANSINH VAGHELA
                           Versus

        GUJARAT STATE ROAD TRANSPORT CORPORATION
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Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 1

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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 17/09/2021

                                 ORAL ORDER

Heard learned advocate Mr.A.V.Prajapati for the applicant and learned advocate Mr.H.S.Munshaw for the respondent No.1.

2. It is to condone the delay of 234 days that the present application is filed by the applicant. The delay has taken place in preferring the judgment and award dated 1.10.2018 passed by the Motor Accident Claims Tribunal in Motor Accident Claims Petition No.1189 of 2012.

3. Explaining the delay it is stated that certified copy was applied on 9.10.2018 and the same was ready on 10.12.2018. It was stated in the averments made in the application that the applicant had no knowledge about filing of the appeal at the relevant time. It was from his friend that the applicant came to know that even if less amount of compensation is received, first appeal can be preferred. Thereafter, the applicant contacted the

C/CA/3731/2019 ORDER DATED: 17/09/2021

lawyer who provided the applicant with certified copy. After getting the same, the applicant filed the appeal.

4. It was in this process that the delay of 234 days has taken place. Delay could not be said to be intentional. Sufficient cause is made out to condone the delay.

5. Delay is condoned. The application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi