Parshottam Mavji Senghani ... vs Narshibhai Naranbhai Dagada
2021 Latest Caselaw 14402 Guj

     C/CA/2795/2019                                 ORDER DATED: 17/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION NO. 2795 of 2019

                      In F/FIRST APPEAL NO. 18522 of 2019

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                  PARSHOTTAM MAVJI SENGHANI (PATEL)
                                Versus
                    NARSHIBHAI NARANBHAI DAGADA
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Appearance:
MR NILESH M SHAH(780) 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.Nilesh Shah for the applicant. Rule is served for respondent Nos.1 and 2, none appears.

2. This application is filed by the applicant- claimant praying to condone the delay of 116 days in preferring the First Appeal against the judgment and award of the Motor Accident Claims Tribunal.

3. In the appeal, the claimant has prayed for enhancement in the compensation.

4. Explaining the delay it is stated that after judgment and award of the Tribunal delivered on 16.11.2018, certified copy was immediately applied on 29.11.2018. Further the advocate could not contact the applicant as the applicant have been staying in remote village, it was only after some time contact could be established. Thereafter, the applicant arranged for money to bare money towards legal expenses and court fees. It

C/CA/2795/2019 ORDER DATED: 17/09/2021

is in this process, delay has occurred beyond period of limitation.

5. In the facts of the case, sufficient cause is made out. Delay is condoned. Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) Manshi