Anjan Saha vs Icici Lombard General Insurance ...
2022 Latest Caselaw 7380 Cal

 07.11.2022
 SL No. 15
Court No. 654
  Ali


                              F.M.A.T. 388 of 2019
                      IA No: CAN 1/2019 (Old No: CAN/7519/2019)

                               Anjan Saha
                                  versus
                 ICICI Lombard General Insurance Co. Ltd. & Anr..

                    Mr. Amit Ranjan Roy
                                           ......for the appellant
                    Mr. Saswata Bhattacharyya
                          ....for the respondents-Insurance Company.

CAN 1 of 2019 (Old No: CAN/7519/2019)

This is an application for condonation of delay in preferring the appeal.

Mr. Amit Ranjan Roy, learned advocate for the appellant-claimant submitted that the claimant is a widow lady and with the demise of her son she could not take decision for which there has been delay of 160 days in preferring the appeal.

Mr. Saswata Bhattacharyya, learned advocate for the respondent-Insurance Company opposes such prayer. It appears that the claimant is a widow lady and her deceased son was the sole earning member and on being perplexed she could not take prompt decisions, resulting in delay. Considering the aforesaid facts and keeping in mind the beneficial piece of legislation I am inclined to condone the delay of 159 days as noted by the Additional Stamp Reporter in his report dated 09.04.2019. Accordingly the delay in preferring the appeal is condoned. The application for condonation of delay being CAN 1 of 2019 (Old No: CAN/7519/2019) is accordingly disposed of.

The appeal is formally admitted and registered. Call for the Lower Court Record.

Mr. Roy, learned advocate for the appellant- claimant submits that all the relevant papers are with him and as such calling for Lower Court Record be dispensed with at present.

In view of such submissions made on behalf of the appellant-claimant the calling for Lower Court Record is dispensed with for the time being.

Learned advocate for the appellant-claimant is directed to prepare three sets of informal paper books printed, typewritten or cyclostyled incorporating all relevant documents including oral and documentary evidence within a period of one week. One set of informal paper books be filed in court and another be supplied upon the learned advocate for the respondents 1-Insurance Company. Mr. Roy further submits that the respondent No. 2 (owner) did not enter appearance and the case was disposed of exparte against him by the learned tribunal and as such service of notice of appeal upon respondent No. 2(owner) be dispensed with. It is found from the impugned judgment that the respondent No. 2 (owner) did not enter appearance before the learned tribunal and the case was disposed of exparte against him.

In the aforesaid backdrop the service of notice of appeal upon respondent No. 2 (owner) is dispensed with.

As respondent No. 1 Insurance Company has already entered, appearance hence service of notice of appeal upon respondent No. 1-Insurance Company is dispensed with.

Let the matter appear on 18.11.2022.

(Bivas Pattanayak, J.)