United India Insurance Co Ltd vs Thakor Nagjiji Narsangji
2021 Latest Caselaw 14412 Guj

       C/CA/2789/2019                               ORDER DATED: 17/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                   R/CIVIL APPLICATION NO. 2789 of 2019
                    In F/FIRST APPEAL NO. 27059 of 2019
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                      UNITED INDIA INSURANCE CO LTD
                                   Versus
                    THAKOR NAGJIJI NARSANGJI & 1 other(s)
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
MR TEJAS P SATTA(3149) for the Respondent(s) No. 1,2
RULE SERVED(64) for the Respondent(s) No. 3
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
                      Date : 17/09/2021
                       ORAL ORDER

Heard learned advocate Mr. Rathin Raval for the applicant insurance company and learned advocate Mr. Tejas Satta for respondent Nos. 1 and 2.

2. Rule is served on respondent No.3, however none appears.

3. The applicant insurance company has proposed the First Appeal against common judgment and award dated 22.11.2008 passed by Motor Accident Claims Tribunal (Main), Patan, in group of Motor Accident Claims Petitions. The present application and corresponding appeal relates to the common judgment and award which corresponds to Claim Petition No. 145 of 2012.

4. Delay of 183 days has taken place in preferring the First Appeal. It is explained by stating that certified copy was immediately applied and was forwarded to the applicant insurance company. Thereafter, the applicant took legal opinion and file routed through the administrative hierarchies. The consumption of time was thus inherent in the procedure. It could be said to be making out sufficient cause to condone the delay.

5. Accordingly, delay of 183 days is condoned. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J) C.M. JOSHI