Calcutta High Court (Appellete Side)
Nandita Maity vs United India Insurance Co. Ltd. & ... on 29 November, 2022
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
29.11.2022
SL No.18
Court No. 654
Ali
F.M.A.T. 177 of 2021
IA No: CAN/1/2021
Nandita Maity
Vs.
United India Insurance Co. Ltd. & Ors.
Mr. Jayanta Kumar Mandal
....for the appellant-claimant.
Affidavit of service filed on behalf of the
appellant-claimant is taken on record.
Re: CAN 1 of 2021
This is an application for condonation of
delay.
Mr Jayanta Kumar Mandal, learned
advocate for appellant-claimant submits that there
is a delay of 599 days in preferring the appeal on the
ground of permanent disablement of the claimant
and he seeks for condonation of delay.
It is found from the affidavit of service that
copy of this application has been served upon the
respondents.
None appears for the respondents.
As per the report of Stamp Reporter dated
16.3.2021 there is delay of 599 days. The cause
shown is sufficient to condone the delay.
Accordingly, delay of 599 days in preferring
the appeal is condoned.
The application being CAN 1 of 2021 stands
allowed and disposed of.
The appeal is formally admitted and
registered.
This appeal is directed against the judgment
and award dated 24th April 2018 passed by Judge,
Motor Accident Claims Tribunal, Fast Track, 2nd
Court, Contai, Purba Medinipur in MAC Case no.14
of 2009 under Section 166 of the Motor Vehicles Act,
1988.
Call for the lower court records.
Mr Mandal, learned advocate for appellant-
claimant submits that the claimant is willing to bear
the Special Messenger's cost for bringing the lower
court records so that the appeal can be heard
expeditiously.
Accordingly, appellant-claimant is directed
to deposit Special Messenger's cost within one week
from date for bringing the lower court records.
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
appellant-claimant within a period of two weeks.
Upon receipt of notice of arrival of lower
court records, learned advocate for the appellant-
claimant shall prepare 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 the period of four weeks
from date of service of notice of arrival of lower court
records.
Learned advocate for appellant-claimant
submit for dispensing with service of notice of
appeal upon respondent nos.2 & 3-owners of the
offending vehicle as they did not contest the claim
application before the learned tribunal. It appears
from the impugned judgment that respondent nos.2
& 3-owners of the offending vehicle did not contest
the claim application before the learned tribunal and
the case was disposed of exparte against them. In
the aforesaid backdrop service of notice of appeal
upon respondent nos.2 & 3-owners of the offending
vehicle is dispensed with.
Matter to go out of list.
Liberty to mention.
(Bivas Pattanayak, J.)
