VIRUBEN PETHABHAI KANJARIYA vs DEEPAK OMPRAKASH DRIVER AND OWNER — 25/2025

Case under Limitation Act, 1963 Section 5. Disposed: Contested--ALLOWED on 18th March 2026.

MACMA - MAC MISC. APPLICATION

CNR: GJDW080007302025

Case disposed

Filing Number

25/2025

Filing Date

17-09-2025

Registration No

25/2025

Registration Date

17-09-2025

Court

ADDL. COURT-DWARKA

Judge

1-ADDL.DISTRICT & SESSIONS JUDGE

Decision Date

18th March 2026

Nature of Disposal

Contested--ALLOWED

Acts & Sections

LIMITATION ACT, 1963 Section 5

Petitioner(s)

VIRUBEN PETHABHAI KANJARIYA

Adv. K P PARMAR

Respondent(s)

DEEPAK OMPRAKASH DRIVER AND OWNER

GO DIGIT GENERAL INSURANCE LTD

GOVERNMENT OF GUJARAT

Adv. APP

Hearing History

Judge: 1-ADDL.DISTRICT & SESSIONS JUDGE

18-03-2026

Disposed

12-03-2026

NOTICE TO OPPONENTS

12-02-2026

NOTICE TO OPPONENTS

07-02-2026

NOTICE TO OPPONENTS

20-01-2026

NOTICE TO OPPONENTS

Final Orders / Judgements

18-03-2026
ORDER

Case Summary: MACMA No. 25/2025 The Additional District Judge, Devbhoomi Dwarka allowed the applicant Viruben Pethabhai Kanjariya's application for condonation of delay in filing a motor accident claim petition under Section 166 of the Motor Vehicle Act, 1988. The applicant's husband died from injuries sustained in a vehicular accident on 11.01.2025, and she filed the claim petition 3 months and 7 days late due to mental distress and farming commitments. The court, relying on Gujarat High Court precedent, held that Section 5 of the Limitation Act applies to motor accident claims despite the six-month statutory limit in Section 166(3), as the legislature did not expressly exclude its applicability. The delay was condoned and the petition was directed to be registered. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: MACMA No. 25/2025 The Additional District Judge, Devbhoomi Dwarka allowed the applicant Viruben Pethabhai Kanjariya's application for condonation of delay in filing a motor accident claim petition under Section 166 of the Motor Vehicle Act, 1988. The applicant's husband died from injuries sustained in a vehicular accident on 11.01.2025, and she filed the claim petition 3 months and 7 days late due to mental distress and farming commitments. The court, relying on Gujarat High Court precedent, held that Section 5 of the Limitation Act applies to motor accident claims despite the six-month statutory limit in Section 166(3), as the legislature did not expressly exclude its applicability. The delay was condoned and the petition was directed to be registered. This case analysis is maintained by casestatus.in based on publicly available court records.

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