Tumpa Mondal vs Oriental Insurance Co. Ltd. & Anr
2022 Latest Caselaw 8002 Cal

02.12.2022
SL No. 9
Ct No. 654
  Sk


                      F.M.A.T. 425 of 2020
                       IA No. CAN 2 of 2022

                       Tumpa Mondal
                              Vs
                       Oriental Insurance Co. Ltd. & Anr.

              Mr.Amit Ranjan Roy
                            ...for the appellant-claimant.
              Mrs Gopa Das Mukherjee,
                ......for the respondent no.1-insurance company

Re: CAN 2 of 2022

This is an application for condonation of

delay.

Mr Amit Ranjan Roy, learned advocate for

appellant-claimant submits that there is a delay of

163 days in preferring the appeal on the ground of

taking legal consultation and he seeks for

condonation of delay.

Mrs Gopa Das Mukherjee, learned advocate

appearing for respondent no.1-insurance company

opposes such prayer.

It is found from the impugned judgment that

respondent no.2-owner of the offending vehicle did

not contest the claim application despite service of

summons.

As per the report of Stamp Reporter dated

16.12.2020 there is delay of 163 days. The cause

shown is sufficient to condone the delay.

Accordingly, delay of 163 days in preferring the

appeal is condoned.

The application being CAN 2 of 2022 stands

allowed and disposed of.

The appeal is formally admitted and

registered.

This appeal is directed against the judgment

and award dated 14th January 2020 passed by

learned Additional District Judge cum Judge, Motor

Accident Claims Tribunal, Fast Track, 2nd Court,

Asansol, Paschim Bardhaman in MAC Case no.8 of

2016 under Section 166 of the Motor Vehicles Act,

1988.

Mr Roy, learned advocate for appellants-

claimants submits that all the relevant papers are

with him and as such calling for lower court records

be dispensed with. In view of aforesaid submissions,

the calling for lower court records is dispensed with

for the time being.

Mr Roy, learned advocate for appellants-

claimants undertakes to prepare informal paper

books. Accordingly, learned advocate for appellants-

claimants is directed to prepare and file three sets of

informal paper books incorporating all relevant

papers and documents including pleadings, both

oral and documentary evidence in printed,

cyclostyled or typewritten form within the period of

four weeks from date. One set of such informal

paper books be filed in court and another set be

supplied to learned advocate for respondent no.1-

insurance company.

Mr Roy, learned advocate for appellants-

claimants submits for dispensing with service of

notice of appeal upon respondent no.2-owner of the

offending vehicle as he did not contest the claim

application before the learned tribunal. It appears

from the impugned judgment that respondent no.2-

owner of the offending vehicle did not contest the

claim application before the learned tribunal and the

case was disposed of exparte against him. In the

aforesaid backdrop service of notice of appeal upon

respondent no.2-owner of the offending vehicle is

dispensed with.

Let the matter appear on 15.12.2022.

(Bivas Pattanayak, J.)