Anjanaben Maheshbhai Shah vs Rakesh Ganpat Sambar
2022 Latest Caselaw 9752 Guj

       C/CA/1130/2022                                 ORDER DATED: 01/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 1130 of 2022

                        In F/FIRST APPEAL NO. 17518 of 2022

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                           ANJANABEN MAHESHBHAI SHAH
                                     Versus
                             RAKESH GANPAT SAMBAR
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Appearance:
KUNAL M DAVE(10125) for the Applicant(s) No. 1,2,3,4
MR SUNIL B PARIKH(582) for the Respondent(s) No. 3
RULE UNSERVED for the Respondent(s) No. 1,2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
           and
           HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 01/12/2022

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Kunal Dave for the applicants and learned advocate Mr. Sunil Parikh for the respondent insurance company.

2. The respondent Nos. 1 and 2, who are the driver and owner respectively, are not served with the Rule. However, in the facts of the case, the present application for condonation of delay could be taken up for disposal in absence of service of notice of the court on the said respondents.

3. Delay of 178 days has taken place in preferring the First Appeal by the original claimants against judgment and award dated 28.8.2019 passed by the Motor Accident Claims Tribunal, Valsad in Motor

C/CA/1130/2022 ORDER DATED: 01/12/2022

Accident Claim Petition No. 221 of 2013.

3.1 Explaining the delay, it was stated that in view of the lock down, the time passed by without the applicants being able to take any action. It was submitted that situation arisen out of Covid 19 pandemic prevented them from taking steps to prefer the appeal within period of limitation.

4. The aforesaid ground makes out sufficient cause. Additionally, it is not disputed by the other side that the First Appeal No. 1423 of 2022 preferred by the insurance company which is a cross appeal arising out of the same judgment and award of the claims Tribunal, has been subjected to notice by this court. In this view also, delay deserves to be condoned.

5. The delay is accordingly condoned. Civil Application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(SANDEEP N. BHATT,J) C.M. JOSHI