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CA/5271/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 5271 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 132 of 2010
=========================================================
NATIONAL
INSURANCE COMPANY - Petitioner(s)
Versus
USHABEN
WD/O UMANGBHAI RAMDASBHAI PATEL & 4 - Respondent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Petitioner(s) : 1,
MR MTM HAKIM for Respondent(s) : 1 - 3.
RULE
UNSERVED for Respondent(s) : 4,
RULE SERVED for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 23/08/2010
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE JAYANT
PATEL)
The
present application is for condonation of delay of 74 days in
preferring First Appeal against the judgment and award dated
17.7.2009 passed by the Tribunal in MACP No.412 of 2003.
The
respondents No.1 to 3 – original claimants as well as respondent
No.5 – owner of the vehicle are served. Respondent No.4 is not
served. But in view of the fact that, in the first appeal, the
quantum is only under challenge and negligence is not under
challenge, the presence of the driver may not be required at this
stage.
Considering
the facts and circumstances and in view of the grounds stated in the
application, even if lenient view is taken, appropriate cost deserves
to be imposed.
Considering
the facts and circumstances, the appropriate cost would be Rs.2,000/-
to the original claimants. So far as the cost of the owner of the
vehicle is concerned, it would not be required since the interest of
the insurance company and the owner of the vehicle would not be at
conflict. Hence delay of 74 days is condoned on condition that the
applicant deposits the amount of Rs.2,000/- as cost of the original
claimants No.1 to 3 within a period of four weeks from today. After
the amount of cost is deposited, the opponents No.1 to 3 shall be
at liberty to withdraw the amount.
The
application is allowed to the aforesaid extent. Rule is made
absolute.
(JAYANT
PATEL, J.)
(BANKIM
N.MEHTA, J.)
syed/
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