Calcutta High Court (Appellete Side)
Khushi Debnath & Ors vs Hdfc Rego General Insurance Co. ... on 13 December, 2022
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
13.12.2022
SL No.64
Court No. 654
Ali
F.M.A.T (MV) 370 of 2022
IA No: CAN/1/2022
Khushi Debnath & Ors.
Vs.
HDFC REGO General Insurance Co. Ltd.
Mr. Jayanta Banerjee
Ms. Ruxmini Basu Roy
.....for the appellants-claimants.
Mr. Soumalya Ganguli
Mr. Surajit Saha
....for the respondent No. 1-Insurance Co.
Affidavit of service filed on behalf of appellants-
claimants is taken on record.
Re: CAN 1 of 2022
This is an application under Section 5 of the
Limitation Act readwith Section 173 of the Motor
Vehicles Act for condonation of delay in preferring
the appeal.
Mr Jayanta Banerjee, learned advocate for
appellants-claimants submits that due to ignorance
and paucity of funds there has been delay of 606
days in preferring the appeal and he submits for
condonation of such delay.
Mr Surajit Saha, learned advocate appearing
for respondent no.1-insurance company opposes
such prayer.
None appears for respondent no.2-owner of
the offending vehicle in spite of service.
It appears from the report of Additional
Stamp Reporter dated 23.8.2022 that there is delay
of 606 days in filing the appeal. It is found that due
to financial stringency there has been delay in
preferring the appeal within the statutory period.
The cause shown is sufficient to condone such delay
of 606 days. Accordingly, such delay stands
condoned.
The application being CAN 1 of 2022 stands
disposed of.
The appeal is formally admitted and
registered.
FMAT (MV) 370 of 2022
This appeal is directed against the judgment
and award dated 29th September 2018 passed by
learned Additional District Judge cum Judge, Motor
Accident Claims Tribunal, Fast Track Court, Kalna,
Burdwan in M.A.C Case no. 47 of 2015 under
Section 163A of the Motor Vehicles Act, 1988.
Call for the lower court records.
Department is directed to take effective steps
for bringing the lower court records from the learned
tribunal within a period of two weeks.
Upon receipt of the lower court records, the
office shall examine the same and if found to be
complete and in order shall serve notice of arrival of
lower court records upon learned advocate for the
appellants-claimants within a period of two weeks.
Upon receipt of notice of arrival learned
advocate for appellants-claimants shall prepare and
file four 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 of service of notice of
arrival of lower court records.
Appellants-claimants is directed to deposit
Talabana cost alongwith written up notice forms for
service of notice of appeal upon the respondent
no.2-owner of the offending vehicle within two
weeks.
Since respondent no.1-insurance company
has already entered appearance hence service of
notice of appeal upon respondent no.1-insuramce
company is dispensed with.
Matter to go out of list.
Liberty to mention.
(Bivas Pattanayak, J.)
