Gujarat High Court
Pravinaben Ashishbhai Desai vs Ramsagar Ramlakhan Yadav on 12 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
C/CA/1496/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1496 of
2025
In F/FIRST APPEAL NO. 5940 of 2025
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PRAVINABEN ASHISHBHAI DESAI & ORS.
Versus
RAMSAGAR RAMLAKHAN YADAV & ORS.
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Appearance:
KISHAN Y DAVE(8293) for the Applicant(s) No. 1,2,3,4
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
and
HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 12/08/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)
1. This application is filed by the applicants under Section 5 of the
Limitation Act for condoning the delay of 311 days in preferring the
appeal against the judgment and award dated 16-01-2024 passed by the
learned Motor Accident Claim Tribunal (Main), at Amreli in M.A.C.P.
No.128 of 2015.
2. It is reported that the rule is served however, none has appeared
on behalf of the respondents.
3. Learned advocate has drawn attention of this Court to the contents
of para-3 to 5 of the application, wherein it stated that the after the
NEUTRAL CITATION
C/CA/1496/2025 ORDER DATED: 12/08/2025
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Judgment and Award passed by the tribunal, the applicants were not
knowing about the further process. The Applicant had approached an
advocate and it was suggested that appeal be filed against the order. The
advocate had explained that pursuant to the Judgment delivered by the
Motor Accident Claim Tribunal, Amreli, the Insurance Company and
Owner are liable to pay and that the driver is exonerated. The advocate
has explained that the claimant can challenge Judgment and Award
before the High Court by way of filing this First Appeal. The applicants
have, therefore, immediately, filed this First Appeal. However, a delay
has occurred in filing the same which is required to be condoned by this
Court. It is submitted that upon learning the further procedure for filing
of the appeal, the applicants were arranging for funds for filing of the
appeal and hence delay had occurred. It is submitted that the applicant is
a widow and has to take care of her minor child and aged in laws. She
also had social factors and age related concerns of her in laws to look
after and hence, some delay was occurred.
4. Therefore, learned advocate has drawn attention of this Court to
the reasons for which delay has occurred.
5. Considering the aforesaid, particularly, period of 311 days of delay,
the Court is of the view that considering the facts involved in the case,
delay cannot be treated as inordinate.
6. Considering the submissions and the contents of the para
mentioned hereinabove, the delay is also explained sufficiently.
7. A reference in this regard may be made to the judgment of the
Supreme Court in case of Sheo Raj Singh (Deceased) through Legal
NEUTRAL CITATION
C/CA/1496/2025 ORDER DATED: 12/08/2025
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Representatives and others vs/. Union of India and Another, reported in
(2023) 10 SCC 531, wherein the term "Sufficient Cause" was interpreted
and the approach of Courts while deciding application for condonation of
delay was discussed.
8. In view of the aforesaid, the application is allowed. Rule is made
absolute to the aforesaid extent. The delay of 311 days caused in
preferring the appeal against the judgment and award dated 16-01-2024
passed by the learned Motor Accident Claim Tribunal (Main), at Amreli in
M.A.C.P. No.128 of 2015 is hereby condoned. Registry is directed to list
the main appeal in due course.
(A.Y. KOGJE, J)
(NSSG,J)
PARESH SOMPURA
