Minor Kavya Aasharam Nayi Through ... vs Gulabnabi Farunbhai Mansuri
2025 Latest Caselaw 6886 Guj

Gujarat High Court

Minor Kavya Aasharam Nayi Through ... vs Gulabnabi Farunbhai Mansuri on 23 September, 2025

                                                                                                              NEUTRAL CITATION




                             C/CA/5693/2024                                    ORDER DATED: 23/09/2025

                                                                                                               undefined




                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5693 of
                                                    2024

                                              In F/FIRST APPEAL NO. 32712 of 2024

                      ==========================================================
                            MINOR KAVYA AASHARAM NAYI THROUGH MOTHER NATURAL
                                   GUARDIAN CHANDRIKABEN AASHARAM NAYI
                                                  Versus
                                    GULABNABI FARUNBHAI MANSURI & ANR.
                      ==========================================================
                      Appearance:
                      NISHIT A BHALODI(9597) for the Applicant(s) No. 1
                      MR DHAIRYAWAN D BHATT(11817) for the Respondent(s) No. 2
                      RULE SERVED for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                           Date : 23/09/2025

                                                               ORAL ORDER

1. Heard learned counsel for the parties.

2. Learned counsel for the applicant, submitted that a delay of 547 days has occasioned in preferring the appeal against the impugned judgment and award dated 17.02.2023 passed in MACP No.135/2015 by the learned Motor Accident Claims Tribunal, Mehesana. He further submitted that the delay has occasioned owing to the financial crunch of the applicant. He further submitted that the delay is neither intentional nor mala fide. He further submitted that the claimants shall not claim any interest for the delayed period, on the enhanced amount, if the present appeal for enhancement is allowed.

3. On the other hand, Mr. Dhairyawan D. Bhatt, learned advocate

NEUTRAL CITATION

C/CA/5693/2024 ORDER DATED: 23/09/2025

undefined

appearing on behalf of the insurance company, submitted that the delay has not been sufficiently explained. Therefore, the application is liable to be dismissed.

4. Having considered the submissions of the learned counsel for the parties and having regard to the factum of poverty of applicant, who could not engage the lawyer owing to his financial incapacity, in my considered view, is sufficient to condone the delay subject to the condition that the claimants shall not claim any interest for the delayed period, on the enhanced amount of compensation, if the appeal for enhancement is allowed. In view of the above observation, the present application stands allowed. No order as to cost.

(MOOL CHAND TYAGI, J) HARSHIT