C/CA/3388/2025 ORDER DATED: 26/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 3388 of 2025 In F/FIRST APPEAL NO. 2275 of 2025 ========================================================== ZULEKHANBEN MAHMADHUSSAIN SAMA Versus MAHMADHUSSAIN HARUNBAI SAMA & ORS. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Applicant(s) No. 1 MR MANOHAR RAHEVAR AGP ========================================================== CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 26/06/2025 ORAL ORDER 1. Heard Mr. Nishit A. Bhalodi learned advocate for the applicant. Noticing the number of days of delay involved in preferring the present application seeking condonation of delay taken up for hearing in the absence of the respondents. The present application is filed under Section 5 of Limitation Act read with Section 173(1), of the Motor Vehicle Act, 1988 seeking condonation of delay of 83 days caused in preferring the appeals. At the outset, learned advocate has referred to the averments made in the application and has pointed out that the impugned judgment and award was pronounced on 12.12.2024. 2. He further pointed out that the applicants were never informed about the passing of the award. Since, the C/CA/3388/2025 ORDER DATED: 26/06/2025 applicants have lost touch with advocate on record as they reside in the interior part of small village. The applicants having acquired knowledge about the passing of the impugned judgment and award and had sought legal advise with regard to the legal remedy available to seek enhancement of amount of compensation. The advocate on record had guided the applicants to challenge the judgment in higher forum by filing an appeal the advocate had provided the certified copy of the award in the month of August,2024. The applicants having approached to the advocates of higher forum had realized that the legal expenses are incurred in presenting the appeal. 3. By referring to the aforesaid explanation learned advocate had submitted that all throughout the applicants were pursuing the matter to avail the legal remedy available. However, because of the circumstances pointed out, they could not approach in the appeal within the stipulated period of limitation. 4. He has therefore, urged this Court to take liberal approach more particularly when the applicants have pursued the proceedings as an indigent persons and are financially not well to meet with the legal expenses, time was consumed. 5. Considering the aforesaid submissions of learned advocate for the applicant in light of the averments made in C/CA/3388/2025 ORDER DATED: 26/06/2025 the application and noticing the fact that the dismissal of their application at the delay condonation stage may take away their right to present their case on merits for enhancement of compensation, this Court is inclined to take liberal approach and to condone the delay of 83 days caused in preferring the appeal. Hence, the present application is allowed. No order as to costs. (NISHA M. THAKORE,J) Parul Dutta Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 10/07/2025 18:37:05