Calcutta High Court (Appellete Side)
C&Cr vs The Natinal Insurance Co. Ltd. & ... on 10 April, 2023
10.04.2023
Item No.473
Ct. No. 654
Aloke
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
F.M.A.T. 637 of 2017
with
IA No. CAN 1 of 2018
(Old No. CAN 10221 of 2018)
Sabita Debi & Ors.
C&CR
Vs.
The Natinal Insurance Co. Ltd. & Anr.
Ms. Sima Ghosh
... for the appellants-claimants
Mr. Parimal Kr. Pahari
...for the respondents-insurance company
Ms. Sima Ghosh, learned advocate for
the appellants-claimants submits that the
defects as noted by the stamp reporter has been
removed.
It is found from the report of the stamp
reporter dated 10th April, 2023 that the defects
relating to execution of vakalatnama on behalf
of minor appellant no. 4 has been removed.
IA No. CAN 1 of 2018
(Old No. CAN 10221 of 2018)
This is an application for condonation
of delay in preferring the appeal.
Ms. Sima Ghosh, learned advocate for
the appellants-claimants submits that due to
financial stringency and ignorance of law there
has been delay of 102 days in filing the appeal.
She seeks for condonation of such delay.
Mr. Parimal Kr. Pahari, learned
advocate for the respondents-insurance
company opposes such prayer.
As per report of the stamp reporter
dated 30th June, 2017, there is delay of 102
days in filing the appeal.
It is contended in the application that
due to financial stringency and ignorance the
appeal could not be preferred within the
statutory period. The cause shown is sufficient
to condone such delay.
Accordingly, delay of 102 days in filing
the appeal stands condoned.
The application being IA No. CAN 1 of
2018 (Old No. CAN 10221 of 2018) stands
disposed of.
The appeal is formally admitted and
registered.
F.M.A.T. 637 of 2017
This appeal is preferred against the
judgment and award dated 28th September,
2016 passed by the learned Judge, Motor
Accident Claims Tribunal, 4th Court, Birbhum
at Suri, in M.A.C. Case No. 257 of 2015 under
Section 166 of the Motor Vehicles Act, 1988.
Call for 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 from date.
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 upon learned advocate for
appellants-claimants as well as learned
advocates for respondent No.1-insurance
company within a period of two weeks from
such arrival.
Upon receipt of notice of arrival of
lower court records, learned advocate for
appellants-claimants shall prepare and file
three sets of informal paper books incorporating
all relevant papers and documents including
pleadings and evidences, both oral and
documentary, in printed or cyclostyled or type
written form within a period of four weeks from
date of service of notice of arrival of lower court
records.
Ms. Ghosh, learned advocate for the
appellants-claimants submits for dispensing
with service of notice of appeal upon
respondent no. 2, owner of the offending vehicle
since he did not contest the claim application. It
appears from the impugned order that
respondent no. 2, owner of the offending vehicle
did not contest the claim application and the
case was disposed of ex parte against him. In
view of the aforesaid submissions, service of
notice of appeal upon the said respondent
stands dispensed with.
Since respondent no. 1-insurance
company has already entered appearance,
hence, service of notice of appeal upon
respondent no.1-insurance company is also
dispensed with.
The matter to go out of the list.
Liberty to mention.
(Bivas Pattanayak, J.)
