Dipali Jana vs 5
2022 Latest Caselaw 3365 Cal

Ct.   14.6                      F.M.A.T. 460 of 2021
No.
      2022                          IA No. CAN 1 of 2021
10
                                         Dipali Jana
                                           -Versus-
 15
                           The United India Insurance Co. Ltd. Anr.
akb
             Mr. Amit Ranjan Roy                ...For the Appellant

             Mr. Sanjay Paul                    ...For the Respondent No. 1

Insurance Co.

Re.: IA No. CAN 1 of 2021

This application, being CAN 1 of 2021 seeking condonation of delay is taken up for hearing.

I have heard learned Lawyer appearing for the appellant as well as the learned Lawyer for the respondent No. 1.

It is submitted by the appellant that he got severe injuries on this person due to the motor accident. He became disabled to the extent of 80%. As such he has lost his earning capacity forever. Owing to the severe disablement he could not prefer the appeal in time.

Having heard the learned Counsel appearing for the parties and on consideration of the application I find that the explanation as given by the appellant in the application is acceptable.

So the application for condonation of delay is allowed.

Let the delay in filing the appeal be condoned.

Let the appeal be admitted and formally registered.

On submissions of learned Counsels for the parties, calling for the lower Court records stands dispensed with.

Learned Lawyer for the appellant submits that the certified copies of the relevant documents including the judgment and award are available with him and if the Court directs he may file informal paper books.

In view of the above, learned Lawyer for the appellant is directed to prepare three copies of the informal paper books within seven day from date and file one set of the same in Court. Learned Lawyer shall supply another set to the learned Lawyer for the respondent No. 1.

It appears from the certified copy of the judgment and award of the learned Tribunal that the respondent No. 2 despite service of notice upon him did not appear before the Tribunal to contest the case. That being so, service of notice upon the respondent No. 2 stands dispensed with.

Let the matter appear in the list for hearing on June 19, 2022.

( Rabindranath Samanta, J.)