Calcutta High Court (Appellete Side)
Chhaya Rani Gorai & Anr vs National Insurance Co.Ltd. & Ors on 28 November, 2022
28.11.2022
sl.4
Ct No. 654
Sk
F.M.A.T. 1084 of 2017
IA No: CAN 1 of 2022
Chhaya Rani Gorai & Anr.
vs
National Insurance Co.Ltd. & Ors.
Mr. Jayanta Kumar Mandal
...for the appellants.
Affidavit of service filed on behalf of the
appellants are taken on record.
Re: CAN 1 of 2022
This is an application for condonation of
delay.
Mr. Jayanta Kumar Mandal, learned
advocate for appellants-claimants submit that there
is a delay of 511 days in preferring the appeal on the
ground of misplacement of relevant papers and he
seeks for condonation of delay.
The affidavit of service shows that the copy
of this application has been served upon the
respondent no.1-insurance company and
respondent no.3 & 4-owners. Service in respect of
respondent no.2, another owner could not be
effected due to 'insufficient address'. Be that as it
may, the owners of the offending vehicle respondent
nos. 2, 3 & 4 did not contest the claim application.
None appears on behalf of the respondents.
As per the report of Stamp Reporter dated
1.11.2017 there is delay of 716 days. The
appellants-claimants have made out a ground that
as the relevant papers were misplaced hence the
appeal could not be preferred within time. Bearing
mind the beneficial piece of legislation and the cause
shown, I am inclined to condone the delay.
Accordingly, delay in preferring the appeal is
condoned.
The application being CAN 1 of 2022 stands
allowed and disposed of.
This appeal is directed against the judgment
and award dated 13th January 2016 passed by
Additional District Judge cum Judge, Motor
Accident Claims Tribunal, Fast Track, Durgapur in
MAC Case no.21 of 2014 under Section 166 of the
Motor Vehicles Act,1988.
The appeal is formally admitted and
registered.
Mr. Mandal, learned advocate for appellants-
claimants submits that all the relevant papers are
with him and as such calling for of lower court
records be dispensed with. In view of such
submissions, calling for of lower court records is
dispensed with for the time being.
Mr. Mandal, learned advocate for appellants-
claimants undertakes to prepare the informal paper
books. Accordingly learned advocate for appellants-
claimants is directed to prepare and file requisite
numbers of informal paper books incorporating all
relevant papers and documents, pleadings, both oral
and documentary evidence in printed, cyclostyled or
typewritten form within a period of four weeks. One
set of such informal paper books be filed in court.
On appearance of the respondents, one set of such
informal paper books be also served upon learned
advocate for respondents.
Mr. Mandal, learned advocate for appellants-
claimants further submits that the service of notice
of appeal upon respondent no.2, 3 & 4-owners of the
offending vehicle be dispensed with since they did
not contest the claim application. It appears from
the impugned judgment that respondent nos.2, 3 &
4-owners of the offending vehicle did not contest the
claim application and the case was disposed of
exparte against them. In view of above service of
notice of appeal upon respondent nos.2, 3, & 4-
owners of the offending vehicle is dispensed with.
Mr. Mandal, learned advocate for appellants-
claimants also submits for dispensing with service of
notice of appeal upon respondent no.5-sister of the
deceased as no amount of compensation was
awarded in her favour. It appears from the
impugned judgment that the learned tribunal has
not granted any compensation to respondent no.5,
hence service of notice of appeal upon respondent
no.5 is dispensed with.
Appellant is directed to deposit Talbana cost
along with written up notice forms for service of
notice of appeal upon respondent no.1-insurance
company within one week.
Matter to go out list.
Liberty to mention.
(Bivas Pattanayak J.)
