Tumpa Pal And Others vs The New Indian Assurance Co. Ltd. & ...
2023 Latest Caselaw 4614 Cal

01.08.2023                IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                 CIVIL APPELLATE JURISDICTION
 Sl. No.24                        APPELLATE SIDE
     KB                               ,,




                                F.M.A.T 202 of 2021
                                         with
                                 IA No. CAN 1 of 2023

             ,




                              Tumpa Pal and others
                                      Vs.
                       The New Indian Assurance Co. Ltd. & Anr.
             ,,




                   Ms. Jayita Ghosh
                               ... for the appellants-claimants.



                      Ms. Jayita Ghosh, Learned Advocate, appears for

             the appellants. She also filed affidavit of service. Let the

             same be placed on record.

                                In Re: CAN 1 of 2023

                    In spite of service, nobody appears on behalf of the

             Respondents/Insurance Company.        As per report of the

Stamp Reporter dated 18.03.2021, there is delay in

preferring the appeal.

Ms. Jayita Ghosh, learned advocate appearing on

behalf of the appellants-claimants moved an application

for condonation of delay in preferring the appeal. She

submits there are 823 days delays in preferring the

instant appeal and that may be condoned.

She also refers the cause shown by the appellants

in paragraph 5 of the said application.

She prays for condonation of delay.

Heard.

On perusal of the application it appears that the

cause shown by the appellants in preferring the appeal is

sufficient and accepted.

Accordingly, application for condonation of delay

being CAN 1 of 2023 is thus disposed of.

Accordingly, the appeal is formally admitted and

registered.

In Re: F.M.A.T 202 of 2021

This appeal is preferred against the judgment and

award dated 31st July, 2017 passed by the learned Judge,

Motor Accident Claims Tribunal, 5th Court, Murshidabad

in MAC Case No. 244 of 2009 under Section 166 of the

Motor Vehicles Act, 1988.

Call for the lower court records.

Department is directed to take effective steps for

bringing the lower court records from the learned

Tribunal within 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 of the lower court

records upon the learned advocate for appellants as well

as respondents within a period of two weeks of such

arrival.

Upon receipt of notice of arrival of lower court

records, learned advocate for the appellants/claimants

shall prepare and file requisite numbers of informal paper

books incorporating all relevant papers and documents

including the pleadings and evidence, both oral and

documentary, in printed or typewritten or cyclostyled

form, as the case may be, out of court, within a period of

four weeks from date of service of notice of arrival of lower

court records.

The claimants/appellants are directed to deposit

talabana costs together with written up notice form for

causing service of notice of appeal upon the respondents.

Liberty to mention.

            <                    (Ajay Kumar Gupta, J.)