Calcutta High Court (Appellete Side)
Smt. Sumitra Biswas And Others vs The National Insurance Company ... on 29 August, 2022
07 29.08. FMAT 683 of 2013
2022 with
IA No. CAN 1 of 2013 (Old No. CAN 6484 of 2013)
Ct. No. 14
IA No. CAN 2 of 2022
Ab IA No. CAN 3 of 2022
Smt. Sumitra Biswas and others
Vs.
The National Insurance Company Limited
and another.
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Mr. Amit Ranjan Roy.
... for the appellants.
Mr. Afroze Alam.
... for the respondent no. 1.
Re: CAN 2 of 2022 and CAN 3 of 2022.
The application being CAN 2 of 2022 is for
substitution of the legal heirs of the deceased appellant
no. 4, Mira Biswas and the application being CAN 3 of
2022 is for setting aside the abatement after condoning
the delay in filing the application.
I have heard the learned Lawyers for the parties.
It is stated by the appellants that the appellant
no. 4, Mira Biswas died on 24th August 2021 leaving
behind her surviving two sons and two daughters as
stated at paragraph 4 of the application. The appellants
state that for some unavoidable circumstances as
narrated in the application, the application for
substitution of the legal heirs could not be filed in time.
Hence, the applications.
Having heard the learned Lawyers for the parties
and on consideration of the applications, I have satisfied
with the explanation that the appellants were prevented
by sufficient cause from filing the substitution
application in time.
So, all the applications are allowed.
Let the abatement as against the appellant no. 4
be set aside after condoning the delay in filing the
application. Let Bhajan Biswas, Swapan Biswas,
Shephali Biswas and Dipali Mondal be substituted as
appellant no. 4(a) to 4(d) in place of the deceased
appellant no. 4.
Amend the Memorandum of Appeal accordingly.
The department is directed to carry out the
amendment immediately.
Let the Vakalatnama filed by the substituted
appellant no. 4(a) to 4(d) be accepted.
Learned Lawyer appearing for the appellants
submits that the copies of the pleadings and certified
copies of oral and documentary evidence as adduced
before the learned Tribunal are lying with him and if the
Court permits, his clients may prepare requisite number
of informal paper books containing the relevant
papers/documents. In such context, learned Lawyer
submits calling for the Lower Court Record be dispensed
with.
Learned Lawyer appearing for the respondent no.
1, National Insurance Company Limited, submits that if
the informal paper books contain all relevant
papers/documents, in that event calling for the Lower
Court Record may be dispensed with for the time being.
In view of the submissions of the learned Lawyer
appearing for the parties, let calling for the Lower Court
Record be dispensed with for the time being.
It appears from the impugned judgment that the
respondent no. 2, the owner of the offending vehicle,
despite service of notice upon him, did not contest the
claim case. That being so, service of notice of appeal
upon the respondent no. 2 stands dispensed with.
The appellants are directed to prepare and file
three sets of informal paper books - printed, typewritten
or cyclostyled, as the case may be - out of court,
containing all relevant papers/documents within seven
days from date. The appellants shall supply one set of
paper book to the learned Lawyer appearing for the
respondent no. 1 immediately after preparation of the
paper books.
Let the appeal be listed on 12th September 2022
under the heading "Hearing".
(Rabindranath Samanta, J.)
