5 vs Akb
2022 Latest Caselaw 5535 Cal

Ct.   17.8                      F.M.A.T. 987 of 2015
No.
      2022             IA No. CAN 1 of 2019 (Old No. CAN 11360 of 2019)
14
                       IA No. CAN 1 of 2019 (Old No. CAN 11361 of 2019)
                                        Gayatri Bardhan
 5
                                            -Versus-
akb
                                The National Insurance Co. Ltd.


             Mr. Subir Banerjee
             Mr. Jayanta Banerjee
             Ms. Ruxmini Basu Roy               ...For the Appellant
                                                 Claimant

             Mr. Afroze Alam                    ...For the Respondent No. 1

Insurance Co.

Affidavit-in-opposition filed on behalf of the respondent/Insurance Company in Court today be kept on record.

The application, being IA No. CAN 1 of 2019 (Old No. CAN 11360 of 2019) seeking condonation of delay in preferring the appeal is taken up for hearing.

I have heard learned Lawyers appearing for the parties.

In substance the appellant avers in her application that after the impugned judgment and award was passed by the learned Tribunal she met her learned Lawyer who advised her to prefer the appeal. But, because of the death of her husband as well as her son and due to her sufferings of various ailments, she could not take steps in time to file the appeal. On such ground the appellant seeks condonation of delay in preferring the appeal.

Learned Lawyer appearing for the respondent No. 1 in its affidavit-in-opposition denies the averments as made in the application and submits that the respondent No. 1 has already paid the awarded amount of money and the award has already been satisfied. He further submits that the

appeal having no merits is liable to be dismissed.

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

of 2019 (Old No. CAN 11360 of 2019) is allowed.

Let the delay in preferring the appeal be condoned.

Let the appeal be admitted and formally registered.

Learned Lawyer appearing for the appellant submits that copies of the pleadings and certified copies of the oral and documentary evidence as adduced before the learned Tribunal are lying with him. If the Court directs, his client will prepare requisite number of informal paper books containing all the relevant papers. In such context, he further submits that the calling for the LCR may be dispensed with for the time being.

Learned Lawyer appearing for the respondent No. 1 submits that if the appellant is directed to prepare informal paper books containing all relevant papers, calling for the LCR is dispensed with for the time being.

In view of the arguments advanced by the learned Lawyers appearing for the parties calling for the LCR stands dispensed with for the time being.

The appellant is given liberty to prepare three copies of informal paper books - printed, typewritten or cyclostyled, as the case may be - out of Court, within ten days from the date.

After preparation, one set of paper book will be filed in Court and another set of paper book will be supplied to the learned Lawyer for the respondent No. 1.

Let the appeal be listed for hearing on September 16, 2022.

Since, the respondent No. 2, Smt. Rina Saha, owner of the offending vehicle, did not contest the claim case despite service of notice upon her, service of notice of appeal upon the respondent No. 2 stands dispensed with.

Since, the appeal is ready for hearing, the application, being IA No. CAN 2 of 2019 (Old No. CAN 11361 of 2019) seeking final disposal of the appeal also stands disposed of.

( Rabindranath Samanta, J.)