Akb Salma Khatoon & Ors vs The Oriental Insurance Co. Ltd. & ...
2022 Latest Caselaw 5110 Cal

Ct.   05.8                     F.M.A.T. 332 of 2020
No.
      2022                         IA No. CAN 1 of 2021
14

 11
akb                                Salma Khatoon & Ors.
                                          -Versus-
                           The Oriental Insurance Co. Ltd. & Anr.


             Mr. Amit Ranjan Roy
             Ms. Chinmoyee Roy Bhattacharya ...For the Appellants
                                             Claimants

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

Insurance Co.

The application, being IA No. CAN 1 of 2021 filed by the appellants 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 Lawyers 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.

It appears from the judgment and award passed by the learned Tribunal that the respondent No. 2, Rajesh

Yadav, owner of the offending vehicle did not appear before the learned Tribunal to contest the claim application despite service of notice upon him. That being so, service of notice of appeal upon the respondent No. 2 be dispensed with.

Learned Lawyer appearing for the appellants submits that all the pleadings of the parties and certified copies of the oral and documentary evidence adduced before the learned Tribunal are lying with him and if the Court directs him he may prepare requisite number of informal paper books containing all the relevant papers out of Court. As such, learned Lawyer submits that calling for the lower Court record may be dispensed with for the time being.

Learned Lawyer appearing for the respondent No. 1, Insurance Co. submits that if the informal paper books contain all the relevant papers, in that event, there is no need to call for the lower Court record for the time being.

Since the informal paper books may be prepared by the appellants containing all the relevant paper, I find that calling for the LCR may be dispensed with.

Accordingly, calling for the L.C.R. stands dispensed with.

The appellants are given liberty to prepare and file three sets of informal paper books containing pleadings and copies of certified copies of the oral and documentary evidence adduced before the learned Tribunal - printed, typewritten or cyclostyled, as the case may be - out of court, within fifteen days from the date.

After preparation, one set of paper book will be filed in Court and the another set of paper book will be

supplied to the learned Lawyer appearing for the respondent No. 1, Insurance Company soon thereafter.

Let the matter appear in the list 'for hearing' on August 31, 2022.

( Rabindranath Samanta, J.)