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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.THAKKER
Bajaj Allianz General Insurance Company Limited, Rajkot – Appellant
Versus
Bhanabhai Ranabhai Bhola – Respondent
| Table of Content |
|---|
| 1. challenge against delay in filing a claim (Para 1 , 2) |
| 2. arguments against delay condonation (Para 4) |
| 3. context of claimants' difficulties and delay reasons (Para 5) |
| 4. substantial justice vs technicalities in delay (Para 6 , 7 , 8 , 9) |
| 5. conclusion in favor of delay condonation (Para 10 , 11) |
JUDGMENT :
M. K. THAKKER, J.
1. The present petition is filed challenging the order dated 09.12.2024 passed below Exhibit 17 in Workman Misc. Application No.10 of 2024 by the learned Commissioner under the Workmen’s Compensation Act (hereinafter referred to as “the Act”) and Labour Court No.2, Junagadh. By the said order, the application filed for condonation of delay has been allowed, thereby condoning the delay of 13 years in filing the claim application under the Workmen’s Compensation Act.
2. The gist of the case is that the deceased, Hardasbhai Balubhai Parmar, who was serving as a driver, died in a vehicular accident on 17.03.2009. Respondent No.1 was the owner of the truck, and the petitioner was the insurer of the truck bearing Registration No. GJ- 10-X-8757. The claimants, being the legal heirs of the deceased, had preferred MACP No.126 of 2009 under Section 163A of th
The court upheld the discretion to condone significant delays in claims under the Workmen’s Compensation Act, prioritizing substantial justice over procedural technicalities, particularly for illiter....
Delay condonation is an exception and should only be allowed on genuine reasons. Unexplained delay cannot be condoned, and discretionary powers should be exercised judiciously, with reasons recorded ....
Condonation of delay is an exception to the law of limitation and must be supported by genuine and acceptable reasons, to be exercised judiciously and recorded appropriately.
The judgment emphasizes the importance of a liberal and pragmatic approach in dealing with applications for condonation of delay, while also highlighting the significance of substantial justice and t....
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