LAWS(GJH)-2023-8-18

LALITABEN AMBALAL VASAVA Vs. MAHENDRABHAI RAYSINGH THAKOR

Decided On August 01, 2023
Lalitaben Ambalal Vasava Appellant
V/S
Mahendrabhai Raysingh Thakor Respondents

JUDGEMENT

(1.) This Application has been filed praying for condonation of delay of 1367 days in filing of the above First Appeal.

(2.) It is submitted by learned Advocate for the applicants that the Insurance Company came to be exonerated and the claimant/s have not yet received any amount from the Driver and Owner of the vehicle and therefore, they could not make arrangements for payment of Court fees and other expenses.It is further submitted that there is a case to challenge the judgment and award on merits. It is also submitted that if at all the liability of the Insurance Company is laid down in the Appeal, then the claimant/s are ready to waive the interest qua the Insurance Company.

(3.) Learned Advocate for the respondent ' Insurance Company submits that the delayed period actually would be greater than what is noted in the application, taking into consideration the pandemic period/corona period as also the fact that the judgment and award is dtd. 31/1/2017 and the claim petition has been filed on 2/10/2022.