Smt. Sima Saha & Anr vs 3
2022 Latest Caselaw 5108 Cal

Ct.   05.8                    F.M.A.T. 572 of 2014
No.
      2022                        IA No. CAN 1 of 2021
14
                                 Smt. Sima Saha & Anr.
                                         -Versus-
 3
                          The Oriental Insurance Co. Ltd. & Ors.
akb


             Mr. Jayanta Banerjee
             Ms. Ruxmini Basu Roy             ...For the Appellants
                                               Claimants

             Ms. Gopa Das Mukherjee           ...For the Respondent No. 1

Claimants

Affidavit-of-service filed on behalf of the appellants be kept on record.

It appears from the affidavit-of-service that notice has been served upon the respondent Nos. 1 and 2, the Oriental Insurance Co. Ltd. and the National Insurance Co. Ltd.

Despite service of notice, there is no representation on behalf of the respondent No. 2, the National Insurance Company Limited.

The application, being IA No. CAN 1 of 2021 filed by the appellant seeking condonation of delay in preferring the appeal is taken up for hearing.

I have heard learned Lawyer appearing for the appellants as well as the learned Lawyer appearing for the respondent No. 1, the Oriental Insurance Co.

Having heard the learned Counsel appearing for the parties and on consideration of the application I am satisfied with the explanation that the appellants were prevented by sufficient cause in preferring the appeal in time.

of 2021 is allowed.

Let the delay in preferring the appeal be condoned.

Let the appeal be admitted and formally registered.

Call for the lower Court records by special messenger.

The appellants are directed to deposit the special messenger cost within ten days from date.

After the special messenger's cost is deposited, the department shall take effective steps so that the lower Court records are received from the learned Tribunal within three weeks from the date of communication of this order.

Immediately after arrival of the lower Court records, office shall examine the same and, if found complete, shall serve notice of arrival of lower Court records upon the learned Advocate for the appellants soon thereafter.

The appellants are given liberty to prepare and file requisite number of informal paper books - printed, typewritten or cyclostyled, as the case may be - out of court, within fifteen days from the date of service of notice of arrival of lower Court records on the learned Advocate for the appellants.

As stated above, there is no representation on behalf of the respondent No. 2, the national Insurance Co. Ltd.

I feel that it will be wise to serve notice of appeal upon the respondent No. 2 afresh.

The appellants are further directed to serve notice along with copy of the memorandum of appeal upon the respondent No. 2, the National Insurance Co. Ltd. by speed post with AD within ten days from date.

Let the appeal be go out of the list for the time being.

After the paper books are prepared and filed, liberty is given to the appellants to mention the matter for enlistment.

It appears from the judgment and award of the learned Tribunal that despite service of notice upon the respondent Nos. 3 and 4, the owners of the offending vehicles, they did not turn up before the learned Tribunal to contest the claim case. That being so, service of notice of appeal upon the respondent Nos. 3 and 4 stands dispensed with.

( Rabindranath Samanta, J.)