Gujarat High Court
National Insurance Co Ltd vs Jashrajbhai Dungarbhai Bodara on 1 May, 2024
Author: Sangeeta K. Vishen
Bench: Sangeeta K. Vishen
NEUTRAL CITATION
C/CA/1861/2023 ORDER DATED: 01/05/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1861 of
2023
In F/FIRST APPEAL NO. 29539 of 2023
With
R/CIVIL APPLICATION NO. 1862 of 2023
In
F/FIRST APPEAL NO. 29532 of 2023
With
R/CIVIL APPLICATION NO. 1863 of 2023
In
F/FIRST APPEAL NO. 29516 of 2023
With
R/CIVIL APPLICATION NO. 1864 of 2023
In
F/FIRST APPEAL NO. 29529 of 2023
With
R/CIVIL APPLICATION NO. 1865 of 2023
In
F/FIRST APPEAL NO. 29519 of 2023
With
R/CIVIL APPLICATION NO. 1866 of 2023
In
F/FIRST APPEAL NO. 29522 of 2023
With
R/CIVIL APPLICATION NO. 1869 of 2023
In
F/FIRST APPEAL NO. 29560 of 2023
With
R/CIVIL APPLICATION NO. 1870 of 2023
In
F/FIRST APPEAL NO. 29565 of 2023
With
R/CIVIL APPLICATION NO. 1871 of 2023
In
F/FIRST APPEAL NO. 29556 of 2023
With
R/CIVIL APPLICATION NO. 1872 of 2023
In
F/FIRST APPEAL NO. 29577 of 2023
With
R/CIVIL APPLICATION NO. 1873 of 2023
In
F/FIRST APPEAL NO. 29569 of 2023
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NATIONAL INSURANCE CO LTD
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NEUTRAL CITATION
C/CA/1861/2023 ORDER DATED: 01/05/2024
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Versus
JASHRAJBHAI DUNGARBHAI BODARA & ORS.
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Appearance:
MS KIRTI S PATHAK(9966) for the Applicant(s) No. 1
for the Respondent(s) No. 2,5
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 4
RULE SERVED for the Respondent(s) No. 1,3
RULE UNSERVED for the Respondent(s) No. 6
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CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 01/05/2024
COMMON ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)
By these applications, the applicant has prayed for condoning
the delay of 17 days in preferring the captioned First Appeals
whereby, the judgment and award dated 31.03.2023 passed by the
Motor Accident Claim Tribunal (Main), Bharuch in respective Motor
Accident Claim Petitions, is under challenge.
2. Ms Kirti S. Pathak, learned advocate for the applicant submits
that the delay has occurred owing to the steps taken by the
applicant after the judgment and award passed by the Tribunal.
Sanction and approval was sought for and after gathering necessary
information and instructions, that the First Appeals were filed. In the
process, there occurred delay of 17 days. It is submitted that one of
the respondents, i.e. the owner of vehicle of the applicant -
insurance company, has remained unserved, but he is not a
contesting party, as the contesting party would be the other
insurance company and the claimants, who are duly served.
3. Ms Paulomi Mehta, learned advocate for Mr Rathin P. Raval,
learned advocate for the respondent no.2, has no objection, if the
NEUTRAL CITATION
C/CA/1861/2023 ORDER DATED: 01/05/2024
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delay is condoned.
4. Having regard to the averments, so also the oral submissions
made, the delay deserves to be condoned and is hereby, condoned.
Civil Applications succeed and are accordingly allowed. Rule is made
absolute. No order as to costs.
(SANGEETA K. VISHEN,J)
(NISHA M. THAKORE,J)
BINOY B PILLAI
