Calcutta High Court (Appellete Side)
Kanak Das & Ors vs National Insurance Co. Ltd. & Anr on 19 December, 2022
19.12.2022
SL No. 59
Ct No. 654
Sk
F.M.A.T. 6 of 2016
CAN 1 of 2017(Old No. CAN 6530 of 2017),
CAN 2 of 2022
Kanak Das & Ors.
Vs
National Insurance Co. Ltd. & Anr.
Mr. Jayanta Kr. Mandal
....for the appellants.
Affidavit of service filed on behalf of
appellants-claimants is taken on record.
Re: CAN 2 of 2022
This is an application for condonation of
delay in preferring the appeal.
Mr. Jayanta Kumar Mandal, learned
advocate for appellants-claimants submits that due
to mental pain and agony on account of sudden
demise of the victim there has been delay of 16 days
in preferring the appeal and he submits for
condonation of such delay.
None appears for respondent no.1-insurance
company in spite of due service.
The notice sent to respondent no. 2-owner of
the offending vehicle is properly addressed and
correctly stamped but has returned with
endorsement " Address cannot be located"
In the above premise the application for
condationation of delay is taken up for
consideration.
It appears from the report of Stamp Reporter
dated 14.1.2016 that there is delay of 16 days in
filing the appeal. It is found that due to mental pain
and agony there has been delay in preferring the
appeal within the statutory period. The cause shown
is sufficient to condone such delay of 16 days.
Accordingly, such delay stands condoned.
The application being CAN 2 of 2022 stands
disposed of.
The appeal is formally admitted and
registered.
FMAT 6 of 2016
This appeal is directed against the judgment
and award dated 25th June 2015 passed by learned
Judge, Motor Accident Claims Tribunal, at
Durgapur, in M.A.C Case no. 177 of 2010 under
Section 166 of the Motor Vehicles Act, 1988.
Call for the lower court records.
Mr. Mandal, learned advocate for the
appellants-claimants submits that the claimants
shall deposit Special Messenger's cost for bringing
the lower court records. Accordingly, appellants-
claimants are directed to deposit Special
Messenger's cost within this week.
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 requisite numbers of informal paper books
incorporating all relevant papers and documents
including pleadings, both oral and documentary
evidence in printed, cyclostyled or typewritten form
within a 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 respondents
within three weeks.
Matter to go out of list.
Liberty to mention.
(Bivas Pattanayak, J.)
