Gujarat High Court
Royal Sundaram General Insurance ... vs Krishnaben Harshadkumar Dave on 14 July, 2025
NEUTRAL CITATION
C/CA/2593/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2593 of
2025
In F/FIRST APPEAL NO. 7793 of 2025
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ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD.
Versus
KRISHNABEN HARSHADKUMAR DAVE & ORS.
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Appearance:
MR DAKSHESH MEHTA(2430) for the Applicant(s) No. 1
MR. RUSHANG D MEHTA(6989) for the Applicant(s) No. 1
KAASH K THAKKAR(7332) for the Respondent(s) No. 1,2,3
RULE SERVED for the Respondent(s) No. 4,5,6
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 14/07/2025
ORAL ORDER
1. Heard Mr. Rushang Mehta, learned advocate on record for the
applicant-original claimant. Learned advocate Mr. Kaash K. Thakkar
has entered appearance on behalf of respondent nos. 1 to 3.
2. Rule issued by this Court is reported to have been duly served
upon the respondents, except for respondent no.6, who is the driver
of the other vehicle involved. However, his interest is represented
through the respondent- Insurance Company. Looking to the limited
prayer sought for in the present application, the present application is
taken up for hearing in their absence.
NEUTRAL CITATION
C/CA/2593/2025 ORDER DATED: 14/07/2025
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3. The present application is filed under Section 5 of the Limitation
Act, 1963, read with Section 173(1) of the Motor Vehicles Act, 1988,
praying for condonation of delay of 109 days caused in preferring the
appeal.
4. Learned advocate for the applicant- Insurance Company has
submitted that impugned judgment and award was pronounced on
09.08.2024/12.08.2024. The certified copy of the order was made
available on 20.08.2024. The relevant papers along with certified copy
were forwarded to the Branch Office of the applicant- Insurance
Company on 25.08.2024, which was submitted to the Regional Office
on 02.09.2024. Further papers were directed to be forwarded to the
Regional Office, which was collected by the Branch Office later on,
and were tendered to the panel advocate on 01.12.2024. By referring
to the aforesaid events, learned advocate has submitted that because
of administrative reason, the delay of 109 days had crept in, which was
beyond the control, and has therefore, urged this Court to take liberal
view, and to condone the delay.
5. Learned advocate for the respondent nos.1 to 3-original
claimants has objected to the aforesaid explanation, and has urged
this Court to not entertain the present application.
NEUTRAL CITATION
C/CA/2593/2025 ORDER DATED: 14/07/2025
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6. Having heard the learned advocates for the respective parties
and having perused the explanation offered, considering the fact that
all throughout the Insurance Company was pursuing the matter to
approach in appeal, this Court is inclined to take liberal view. Hence,
the delay of 109 days caused in preferring the appeal, deserves
consideration. The delay is condoned. The present Civil Application is
allowed, and stands disposed of. Rule is made absolute.
7. Registry is directed to register the First Appeal and list the same
on 21.07.2025. Registry is further directed to reflect the name of
learned advocate Mr. Kaash K. Thakkar representing the respondent
nos.1 to 3.
(NISHA M. THAKORE,J)
SUYASH SRIVASTAVA
