Karim Mondal & Anr vs The National Insurance Co. Ltd. & ...
2022 Latest Caselaw 7861 Cal

28.11.2022
 sl.2
Ct No. 654
    Sk


                    F.M.A.T. 802 of 2016
             IA No: CAN 1 of 2017(Old No. CAN 7004 of 2017)
                    Karim Mondal & Anr.
                           vs
              The National Insurance Co. Ltd. & Ors.

              Ms. Juin Das,
                               ...for the appellants.

              Re: CAN 1 of 2017 (Old no. CAN 7004 of 2017)

                      This is an application for condonation of

             delay.

                      Ms.   Juin    Das,      learned     advocate   for

             appellants-claimants submit that there is a delay of

             659 days in preferring the appeal on the ground of

             financial stringency and for taking legal consultation

             and she seeks for condonation of delay.

                      As per the report of Stamp Reporter dated

             2.8.2016 there is delay of 660 days. The cause

             shown     is   sufficient   to    condone      the   delay.

             Accordingly, delay of 660 days in preferring the

             appeal is condoned.

                      The application being CAN 1 of 2017(Old

             no. CAN 7004 of 2017) stands allowed and

             disposed of.

                      This appeal is directed against the judgment

             and award dated 8th July 2014 passed by Judge,

             Motor    Accident     Claims     Tribunal,     5th   Court,
               2




Murshidabad in MAC Case no.494 of 2012 under

Section 163A of the Motor Vehicles Act, 1988.

        The       appeal   is   formally    admitted    and

registered.

        Learned       advocate     for     the   appellants-

claimants submits that all the relevant papers and

documents are with her and as such calling for of

lower court records be dispensed with for the time

being. In view of such submissions calling for of

lower court records is dispensed with at present.

        Learned       advocate     for     the   appellants-

claimants undertakes to prepare 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 two weeks from

date. One set of such informal paper book be filed in

court and another set be served upon learned

advocate for respondent no.1-insurance company.

Learned advocate for appellants-claimants

submits for dispensing with service of notice of

appeal upon respondent no.2-owner of the offending

vehicle as he did not contest the claim application

before the learned tribunal. It appears from the

impugned judgment that respondent no.2-owner of

the offending vehicle did not contest the claim

application before the learned tribunal and the case

was disposed of exparte against him. In the

aforesaid backdrop service of notice of appeal upon

respondent no.2-owner of the offending vehicle is

dispensed with.

Let the matter appear on 15.12.2022.

(Bivas Pattanayak J.)