The New India Assurance Company Ltd vs Yash Devendrabhai Vayla
2026 Latest Caselaw 208 Guj

Gujarat High Court

The New India Assurance Company Ltd vs Yash Devendrabhai Vayla on 22 January, 2026

                                                                                                           NEUTRAL CITATION




                               C/CA/5848/2024                              ORDER DATED: 22/01/2026

                                                                                                           undefined




                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                            R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5848 of 2024
                                                 In F/FIRST APPEAL/31088/2024
                        ==========================================================
                                         THE NEW INDIA ASSURANCE COMPANY LTD.
                                                             Versus
                                            YASH DEVENDRABHAI VAYLA & ORS.
                        ==========================================================
                        Appearance:
                        MR NAGESH C SOOD(1928) for the Applicant(s) No. 1
                        FRESH RULE THROUGH SPEED POST SERVED(42) for the Respondent(s) No. 3
                        RULE SERVED for the Respondent(s) No. 4
                        SHIVANG P JANI(8285) for the Respondent(s) No. 1,2
                        ==========================================================
                           CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                      Date : 22/01/2026
                                                       ORAL ORDER

1. Heard learned advocates for the respective parties. Though served none appears for respondent No.4.

2. Mr. Shivang Jani, learned advocate appearing for respondent Nos. 1 and 2, has opposed the grant of the application, contending that no sufficient cause has been shown to condone the delay.

2. This application is filed under Section 5 of the Limitation Act for condonation of delay of 131 days caused in filing the appeal on the ground mentioned in para 3 of the present application.

3. Having heard the learned advocates for the respective parties and considering the averments made in this application, it appears that sufficient cause is made out to condone the delay and in view of the object of the legislature, since the Motor Vehicles Act is a benevolent legislation enacted in the interest of justice, and in light of judgment passed by the Hon'ble Apex Court in the case of N. Balakrishnan vs. N. Krishnamurthy, reported in AIR 1998 3222, therefore, the delay of 131 days as explained by the learned advocate for the applicant is considered. The application is accordingly allowed.

(HASMUKH D. SUTHAR,J) ALI