Aparna Chakraborty & Ors vs The National Ins. Co.Ltd.& Anr
2022 Latest Caselaw 6742 Cal

20.9.2022
 sl. 9
Ct No. 654
    sk


                        F.M.A.T. 34 of 2021
                          CAN 1 of 2021
                       Aparna Chakraborty & Ors.
                                    vs
                      The National Ins. Co.Ltd.& Anr.

                 Mr. Jayanta Banerjee ...for the appellants.

                 Mr. Afroze Alam      .... for the respondent no.1.

Affidavit of service filed by the appellants is taken

on record.

In re: CAN 1 of 2021.

This is an application for condonation of delay.

Mr. Jayanta Banerjee, learned advocate for the

appellants submits that there has been a delay of 1495

days in preferring the appeal. However, the delay has

occurred due to ignorance of the claimants who are

village rustic people having no knowledge of law.

Moreover, it is submitted that liberal approach should

be taken in cases under the beneficial piece of

legislation and in support of his contention he relied

on the decision of Hon'ble Supreme Court passed in

Collector, Land Acquisition, Anantnag and Another

vs Mst. Katiji & Others reported in (AIR 1987 S.C.

1353).

Mr. Afroze Alam, learned advocate appearing on

behalf of the respondent no. 1, insurance company

vehemently opposes the prayer of the claimants for

condonation of delay and submits that no cogent

reason has been stated in the application calling for

condonation of delay and as such the application for

condonation of delay is liable to be dismissed.

None appears on behalf of the respondent no.2 in

spite of service of notice.

It is found that the impugned judgment and award

has been passed on 5.9.2016 and the appeal has been

preferred on 14.1.2021 resulting in delay of 1495 days.

Thus, there is a long delay in preferring the appeal.

The claimants have made out the ground that due to

paucity of funds and as they were not aware of city of

Calcutta, they could not prefer the appeal within time.

Bearing in mind the grounds, the beneficial

legislation embodied under the Motor Vehicles Act and

also the observation of the Hon'ble Supreme Court

made in Collector, Land Acquisition,

Anantnag(supra) I am inclined to condone the delay.

The delay in preferring the appeal stands condoned.

Accordingly, the application for condonation of

delay being CAN 1 of 2019 is allowed and disposed

of.

Appeal is formally admitted and registered.

Mr. Banerjee submits that the calling for the lower

court records be dispensed with at present as all the

available documents are available with him and

heshall prepare the informal paper books.

In view of the aforesaid submissions, calling for

the lower court records is dispensed with for the time

being.

Appellants are directed to file informal paper books

in three sets-printed, type written or cyclostyled,

incorporating all relevant documents, pleadings, oral

and documentary evidence. One copy of such informal

paper book be filed in court and another be supplied to

the learned advocate for the respondent-insurance

company.

It is found from the impugned judgment the

respondent no. 2(owner) did not contest the claim

application before the learned Tribunal. Accordingly,

service of notice of appeal upon the respondent no.

2(owner) is dispensed with.

Let the matter appear two weeks after the ensuing

Puja vacation.

(Bivas Pattanayak J.)