Atanu Ojha & Ors vs The New India Assurance Co. Ltd. & ...
2023 Latest Caselaw 4729 Cal

03.08.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                  CIVIL APPELLATE JURISDICTIO
 Sl. No.25                        APPELLATE SIDE
     KB                                ,,




                                     F.M.A.T. 568 of 2020
             ,




                                  Atanu Ojha & Ors.
                                          Vs.
                           The New India Assurance Co. Ltd. & Anr.

             ,,




                   Mr. Sayantan Rakshit
                              ... for the appellants/claimants.


                   Mr. Sayanta Rakshit, Learned Advocate, appears

             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 to exclusion of limitation period

             from 15.3.2020 to 14.03.2021 because of 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.

                       Heard Learned Advocate appearing for the

             appellants and perusal of the record, this court finds that

             there is no delay in filing the appeal.

                       Accordingly, the appeal is formally admitted.

                            In Re: F.M.A.T 568 of 2020
                               2




       This appeal is preferred against the judgment and

award dated 21st December, 2019 passed by the learned

Additional District Judge cum Motor Accident Claims

Tribunal, 2nd    Court, Durgapur in MAC Case No. 132 of

2015 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 four sets 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.
                             3




      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.)