Calcutta High Court (Appellete Side)
Sk. Najrul Islam vs The National Insurance Co. Ltd. & ... on 16 December, 2022
16.12.2022
Sl. No. 63
Ct No. 654
Ali
F.M.A.T. 1057 of 2019
IA No: CAN/1/2022
Sk. Najrul Islam
Vs
The National Insurance Co. Ltd. & Anr.
Mr. Jayanta Banerjee
Ms. Ruxmini Basu Roy
Mr. Surajit Saha
....for the appellant-claimant.
Mr. Parimal Kumar Pahari
....for the respondent No. 1-Insurance Co.
Affidavit of service filed on behalf of the
appellant-claimant is taken on record.
Re: CAN 1 of 2022
This is an application for condonation of
delay in preferring the appeal filed under Section
173 of the Motor Vehicles Act readwith Section 5 of
the Limitation Act.
Mr Jayanta Banerjee, learned advocate for
appellant-claimant submits that for paucity of funds
as well as disablement of the injured there has been
delay of 611 days in preferring the appeal and he
submits for condonation of such delay.
Mr Parimal Kumar Pahari, 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 of notice.
It appears from the report of Stamp Reporter
dated 31.10.2019 that there is delay of 611 days in
preferring the appeal. Due to financial stringency
the appeal could not be filed within the statutory
period of limitation. The cause shown is sufficient to
condone such delay of 611 days. Accordingly, such
delay stands condoned.
The application being CAN 1 of 2022 stands
disposed of.
The appeal is formally admitted and
registered.
FMAT 1057 of 2019
This appeal is directed against the judgment
and award dated 5th July 2017 passed by learned
Additional District Judge cum Judge, Motor
Accident Claims Tribunal, 6th Court, Paschim
Medinipur in M.A.C Case no. 488 of 2010 under
Section 166 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
appellant-claimant within a period of two weeks.
Upon receipt of notice of arrival learned
advocate for appellant-claimant 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.
Appellant-claimant is directed to deposit
Talabana cost with registered post cost alongwith
written up notice forms for service of notice of
appeal upon the respondent no.2-ownwer of the
offending vehicle within a period of two weeks.
Since respondent no.1-insurance company
has already entered appearance hence service of
notice appeal upon respondent no.1-insurance
company is dispensed with.
Matter to go out of list.
Liberty to mention.
(Bivas Pattanayak, J.)
