Tajrin Akhtar Alias Tajrin Akter & ... vs The National Insurance Company ...
2023 Latest Caselaw 4668 Cal

02.08.2023                IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                 CIVIL APPELLATE JURISDICTION
 Sl. No.13                         APPELLATE SIDE
     KB                              ,,




                                    F.M.A.T. 495 of 2020

             ,




                         Tajrin Akhtar alias Tajrin Akter & Ors.
                                           Vs.
                      The National Insurance Company Ltd. & Anr.

             ,,




                        Mr. Jayanta Kumar Mandal
                        Mr. Sayantan Rakshit
                                    ... For the appellants/claimants.


                      Learned Advocate appearing on behalf of the

             appellants/claimants submits that though the Additional

             Stamp Reporter reported that there is 16 days delay in

             filing the instant appeal, however, there is no delay in

             filing this appeal due exclusion of limitation period from

             15.3.2020 to 14.03.2021 due to unprecedented Pandemic

             Covid 19 by the Hon'ble Supreme Court in SMW(C) No. 3

             of 2020 dated 08.03.2021 reported in AIRONLINE 2021

             SC 111. As such the appeal is not barred by limitation.

                      Upon perusal of record it appears that the

             appeal has been filed within time.

                      Accordingly, the appeal is formally admitted.

                           In Re: F.M.A.T 495 of 2020

                    This appeal is preferred against the judgment and

             award dated 7th August, 2018 passed by the learned

             Additional District Judge cum Motor Accident Claims

             Tribunal, Fast Track, 1st Court, Raiganj, Uttar Dinajpur
                              2




in MAC Case No. 02 of 2017 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 Insurance company 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 appending 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.

Service of notice of appeal to the owner of the

vehicle stands dispensed with since owner did not contest

the case and award was passed exparte against owner.

Liberty to mention.

            <                   (Ajay Kumar Gupta, J.)