Gujarat High Court
Minor Parul Bharatbhai Lamka Thro ... vs Ranjanben Bhanjibhai Umraniya on 29 September, 2025
NEUTRAL CITATION
C/CA/2752/2025 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. 2752 of
2025
In F/FIRST APPEAL NO. 27170 of 2024
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MINOR PARUL BHARATBHAI LAMKA THRO NATURAL GUARDIAN AND
FATHER BHARATBHAI RAIYABHAI LAMKA (BHARVAD)
Versus
RANJANBEN BHANJIBHAI UMRANIYA & ANR.
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Appearance:
NISHIT A BHALODI(9597) for the Applicant(s) No. 1
MANAN K PANERI(7959) for the Respondent(s) No. 2
NOTICE SERVED for the Respondent(s) No. 1
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 29/09/2025
ORAL ORDER
1. Heard learned counsels for the parties.
2. The present application has been preferred for seeking
condonation of delay of 507 days caused in preferring the
appeal against the impugned judgment and award dated
13.12.2022 passed by the learned Motor Accident Claims
Tribunal (Aux.) at Rajkot in M.A.C.P. No. 966 of 2017.
3. Mr. Nishit A Bhalodi, learned advocate for the applicant
submitted that the applicant is a minor and no amount of
compensation was released in his favour owing to his
minority. Therefore, the applicant could not arrange the
NEUTRAL CITATION
C/CA/2752/2025 ORDER DATED: 29/09/2025
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necessary finance to pay the Court Fee and other expenses
involved in preferring the appeal. He further submitted that
the delay is neither intentional nor malafide, but has
occasioned owing to the reasons mentioned in detail at para
nos. 3 & 4 of the application. He further submitted that the
applicant shall not claim any interest on the enhanced amount
of compensation for the entire period of delay, if the appeal
for enhancement is allowed.
4. On the other hand, Mr. Manan K Paneri, learned
advocate for the respondent no.2 - Insurance Company
submitted that considering the facts and circumstances of the
case, an appropriate order may be passed.
5. Having considered the submissions of the learned
counsels for the parties and having regard to the fact that the
applicant is a minor and the entire amount awarded to the
applicant is lying deposited in Fixed Deposit with the
Tribunal, therefore, owing to the poverty of the applicant, he
could not prefer the appeal within the period of limitation.
Thus, having regard to the ground for delay pressed into
service, in my considered view, the delay has been properly
explained and the instant application deserves to be allowed,
subject to the condition that the claimant shall not be entitled
for any interest on the enhanced amount of compensation for
the entire period of delay, if the appeal for enhancement is
allowed.
NEUTRAL CITATION
C/CA/2752/2025 ORDER DATED: 29/09/2025
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6. In view of the above, the present Civil Application
stands disposed of. No order as to costs.
7. Registry is directed to show the name of Mr. Manan K
Paneri, learned advocate for the respondent nos. 2 -
Insurance Company in the First Appeal.
(MOOL CHAND TYAGI, J)
ARUN/HARSHIT
