Muriben Karsan Parmar vs Tribhuvan Rai
2025 Latest Caselaw 7045 Guj

Gujarat High Court

Muriben Karsan Parmar vs Tribhuvan Rai on 29 September, 2025

                                                                                                             NEUTRAL CITATION




                             C/CA/4979/2025                                   ORDER DATED: 29/09/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4979
                                               of 2025

                                         In F/FIRST APPEAL NO. 27286 of 2025

                      ==========================================================
                                              MURIBEN KARSAN PARMAR & ORS.
                                                         Versus
                                                  TRIBHUVAN RAI & ORS.
                      ==========================================================
                      Appearance:
                      MR.HIREN M MODI(3732) for the Applicant(s) No. 1,2,3
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                        Date : 29/09/2025

                                                            ORAL ORDER

1. The present application has been preferred for seeking

condonation of delay of 450 days caused in preferring the appeal

against the impugned judgment and award.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant submitted that the

delay of 450 days has occasioned in preferring the appeal owing

to the reasons that the sole bread earner of the family

succumbed to the vehicular injuries and he was left behind two

minor sons and widow. They could not arrange the funds to

prefer the appeal required for paying the court fees and other

expenses. He further submitted that the delay is neither

NEUTRAL CITATION

C/CA/4979/2025 ORDER DATED: 29/09/2025

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intentional nor malafide but has occasioned owing to the poverty

of the applicants. He further submitted that the applicants shall

not claim any interest for the delayed period on the enhanced

amount of compensation, if the appeal is allowed.

4. Having considered the submissions of the learned advocate

for the applicant and having regard to the facts that the sole

bread earner of the family has expired in the accident and he

was left behind the applicants who could not file the appeal

owing to their poverty, constitutes a sufficient ground for

condoning the delay. Hence, the present application deserves to

be allowed subject to the condition that the claimants shall not

be entitled for the interest for the delayed period on the

enhanced amount of compensation, if the appeal is allowed. No

order as to costs.

(MOOL CHAND TYAGI, J) CDP