Ashaben Wd/O Kamleshbhai Waghela vs Bajaj Allianz General Insurance Co. ...
2026 Latest Caselaw 212 Guj

Gujarat High Court

Ashaben Wd/O Kamleshbhai Waghela vs Bajaj Allianz General Insurance Co. ... on 22 January, 2026

                                                                                                                  NEUTRAL CITATION




                               C/CA/245/2026                                     ORDER DATED: 22/01/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 245 of
                                                       2026

                                                 In F/CROSS OBJECTION/33567/2025
                                                    In R/FIRST APPEAL/1482/2020

                                                              With
                                               F/CROSS OBJECTION NO. 33567 of 2025
                                                                In
                                                  R/FIRST APPEAL NO. 1482 of 2020
                       ==========================================================
                                    ASHABEN WD/O KAMLESHBHAI WAGHELA & ORS.
                                                       Versus
                                BAJAJ ALLIANZ GENERAL INSURANCE CO. LIMITED & ORS.
                       ==========================================================
                       Appearance:
                       MR MOHSIN M HAKIM(5396) for the Applicant(s) No. 1,2,3,4
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                         Date : 22/01/2026

                                                          ORAL ORDER

ORDER IN CIVIL APPLICATION

1. The captioned application has been preferred for seeking condonation of delay of 1313 days caused in preferring Cross Objections in First Appeal No.1482 of 2020 against the impugned judgment and award dated 07.02.2019 passed by the learned Motor Accident Claims Tribunal (Aux.), Vadodara in M.A.C.P. No. 1908 of 2003.

2. Learned advocate for the applicants submitted that the delay of 1313 days has occasioned in preferring the cross objections, owing to the poverty of the applicants/original claimants, as they could not arrange the necessary Court Fee and other expenses to prefer the cross objections within the period of limitation. He further submitted that the applicants/

NEUTRAL CITATION

C/CA/245/2026 ORDER DATED: 22/01/2026

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original claimants could not contact their advocate owing to the Covid 19 pandemic spread throughout the country. 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 to 6 of the instant application.

3. Having considered the submissions of the learned advocate for the applicants and the grounds urged for explaining the delay, in my considered opinion, constitutes sufficient ground to condone the delay. As such, the delay caused in preferring the cross objections is hereby condoned, subject to the condition that the applicants/original claimants shall not be entitled to claim any interest on the enhanced compensation for the period of delay, if the appeal is allowed.

4. In view thereof, the present Civil Application stands allowed. There shall be no order as to costs.

ORDER IN F/CROSS OBJECTION NO. 33567 of 2025

Registry is directed to list the captioned cross objection along with First Appeal No. 1482 of 2020 on 26.02.2026.

(MOOL CHAND TYAGI, J) ARUN