Jashiben Laxmanbhai Panchal vs Shri Ram Transport Finance Co Ltd
2021 Latest Caselaw 14377 Guj

     C/CA/2879/2019                                  ORDER DATED: 17/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2879 of 2019

                      In F/FIRST APPEAL NO. 27050 of 2019

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                    JASHIBEN LAXMANBHAI PANCHAL
                                Versus
                  SHRI RAM TRANSPORT FINANCE CO LTD

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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1,2,3,4,5
MR MANISH J PATEL(2131) for the Respondent(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2

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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 17/09/2021

                                 ORAL ORDER

Heard learned advocate Mr.Nishit Bhalodi for the applicants and learned advocate Mr.Manish Patel for the respondent No.1. Rule is served for respondent No.2, none appears.

2. It is to condone delay of 86 days that the present application is filed. The delay has taken place in filing the First Appeal by the applicants- claimants for enhancement of the compensation.

3. The judgment and award of the Motor Accident Claims Tribunal was delivered on 27.2.2019. The certified copy was applied on 8.7.2019. The advocate was instructed to file the appeal. The applicants were required to collect necessary papers and also to arrange for funds. This resulted into delay of 86 days.

C/CA/2879/2019 ORDER DATED: 17/09/2021

4. Negligence could not be said to be attributed to the applicants. It could not be said that they whiled away time for the sake of whiling away. Sufficient cause is made out.

5. Accordingly, delay is condoned. The application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi