Akb vs Debasish Ghosh & Anr
2022 Latest Caselaw 5944 Cal

Ct.   26.8                       F.M.A.T. 954 of 2012
No.
      2022              IA No. CAN 1 of 2012 (Old No. CAN 7993 of 2012)
14
                        IA No. CAN 3 of 2012 (Old No. CAN 8062 of 2012)
                        IA No. CAN 2 of 2012 (Old No. CAN 7994 of 2012)
 3
                                The Oriental Insurance Co. Ltd.
akb
                                            -Versus-
                                     Debasish Ghosh & Anr.


             Mr. Rajesh Singh                    ...For the Appellant
                                                  Insurance Co.

             Mr. Ashique Mondal                  ...For the Respondents

Claimants

The application, being IA No. CAN 1 of 2012 (Old No. CAN 7993 of 2012) seeking condonation of delay in preferring is taken up for hearing.

I have heard learned Lawyers appearing for the parties.

Having heard learned Lawyer for the appellant and on consideration of the grounds as stated in the application, I am satisfied with the explanation that the appellant was prevented by sufficient cause from filing the appeal in time.

Therefore, the application, IA No. CAN 1 of 2012 (Old No. CAN 7993 of 2012) is allowed.

Let the delay in preferring the appeal be condoned.

This appeal has been preferred against the judgment and award passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Alipore, in MACC No. 45 of 2004.

Let the appeal be admitted and formally registered.

The application, being IA No. CAN 3 of 2012 (Old No. CAN 8062 of 2012) seeking stay of operation of the impugned award is also taken up for hearing.

I have heard learned Lawyer appearing for the parties.

It appears that the appellant initially made the statutory deposit of Rs. 25,000/- as required under Section 173 of the Motor Vehicles Act on 13th August 2012. Thereafter, the appellant in compliance with the order dated 14th September 2012 passed by a Division Bench of this Court deposited Rs. 2,40,943/- on 3rd October 2012. In view of the deposits made by the appellant, the interim order of stay passed by a Division Bench of this Court should be made absolute.

Accordingly, the interim order of stay is made absolute and the order of stay will continue till disposal of the appeal.

The application for stay is, thus, disposed of.

Call for the lower Court records by special messenger.

The appellant is directed to deposit the special messenger cost within seven 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 respondent No. 1 soon thereafter.

The respondent No. 1 is 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 respondent No. 1.

It appears that the appellant has filed an application, being IA No. CAN 2 of 2012 (Old No. CAN 7994 of 2012) under Order 41 rule 27 of the Code of Civil Procedure seeking adducing additional evidences. But this application is not available with the file.

The department is directed to tag the application, being IA No. CAN 2 of 2012 (Old No. CAN 7994 of 2012) with the file immediately.

It is made clear that that the informal paper books shall contain copy of the application under Order 41 Rule 27 of the Code of Civil Procedure, being IA No. CAN

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

Liberty is given to the parties to mention the matter for enlistment after the paper books are prepared and filed in Court.

( Rabindranath Samanta, J.)