SAVITABEN Vs. HUSENBHAI MAJIDBHAI SHAIKH

JUDGEMENT

(1.) Heard the learned advocate for the applicants.

(2.) By way of this application under Sec. 5 of the Limitation Act, 1963, the applicants have prayed for condonation of delay of 658 days occurred in preferring the appeal.

(3.) Learned advocate for the applicants submits that the applicants at the relevant time when the petition was instituted had responsibility of 3 minors. The claim petition came to be decided on 4/10/2018. Almost all the amount coming to the share of the minor was invested in the fixed deposit and thereafter, under legal advise, it was found that the multiplier applied is not in accordance to the age of the deceased. Mr. Desai further stated that the judgment in the case of Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Ors., reported in (2018) 18 SCC 130 was delivered on 18/9/2018. The learned Tribunal was required to grant consortium loss to all the minors. The claimant'lady only after receiving the legal advise, could make arrangement for Court fees and other expenses that had led to delay of 658 days in filing the appeal. Mr. Desai further stated that the applicants are willing to waive interest for the delayed period.