Chandra Bhaumik & Ors vs The New India Assurance Co. Ltd. & ...
2023 Latest Caselaw 4730 Cal

03.08.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                   CIVIL APPELLATE JURISDICTIO
 Sl. No.12                         APPELLATE SIDE
     KB                                 ,,




                                  F.M.A.T. 139 of 2019

             ,




                            Narayan Bhaumik alias Narayan
                               Chandra Bhaumik & Ors.
                                         Vs.
                         The New India Assurance Co. Ltd. & Anr.

             ,,




                   Mr. Dhananjay Nayak
                                    ... For the appellants/claimants.


                      Mr.    Dhananjay       Nayak,   Learned   Advocate,

             appears for the appellants/claimants.


                      He submits that the instant appeal has been

             filed within time. However, Additional Stamp Reporter

             wrongly assessed the delay of 223 days. He prays for

             admission of the appeal.

                      Heard Ld advocate for the appellants and

             perusal of the case record it appears Judgement and

             award was delivered by the Learned Additional District

             Judge cum Judge, Motor Accident Claims Tribunal, 2nd

             Court, Tamluk on 28th March, 2018. Appellants applied

             for certified copy on 03.04.2018. Certified copy of the

             Judgement and order made ready for supply on 17th

             December, 2018. Appellants have filed the instant appeal

             on 4th February, 2019 which is well within time under

             Section 173 of the Motor vehicle Act, 1988. Furthermore

             there is no other impediment to admit the appeal.
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           Hence the appeal is formally admitted.

                In Re: F.M.A.T 139 of 2019

       This appeal is preferred against the judgment and

award dated 28th March, 2018 passed Learned Additional

District   Judge   cum   Judge,   Motor    Accident   Claims

Tribunal, 2nd Court, Tamluk in MAC Case No. 533 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 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
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four weeks from date of service of notice of arrival of lower

court records.

      The claimants/appellants are also 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.)