Dipu Manna vs National Insurance Co. Ltd. & Anr
2023 Latest Caselaw 4814 Cal

07.08.2023          IN THE HIGH COURT AT CALCUTTA
 Ct.No.32           CIVIL APPELLATE JURISDICTION
 Sl. No.14                  APPELLATE SIDE
     KB                               ,,




                                F.M.A.T. 415 of 2019
             ,




                                   Dipu Manna
                                      Vs.
                        National Insurance Co. Ltd. & Anr.

             ,,




                        Mr. Jayanta Kumar Mandal
                              ... For the appellant/claimant.


                        Mr. Jayanta Kumar Mandal, Learned

             Advocate     appearing        on   behalf   of   the

             appellant/claimant submits that the instant

             appeal has been filed within time.

                        However, Additional Stamp Reporter

             wrongly calculated the delay of 107 days.

                        Having heard the submission and on

             perusal of the certified copy of the judgement

             and award dated 1st October, 2018 passed by

             Learned Additional District Judge cum Motor

             Accident Claims Tribunal, Fast Track 2nd Court,

             Tamluk, District : Purba Medinipur in M.A.C.

             Case No. 161 of 2014 under Section 166 of the

             Motor Vehicles Act, 1988 it appears from the

             calculation that the instant appeal has been

             filed within period of limitation fixed under

             Section 173 of the Motor Vehicles Act, 1988.
                          2




            Accordingly the appeal is formally

admitted.

            In Re: F.M.A.T 415 of 2019.

         This appeal is preferred against the

judgment and award dated 1st October, 2018

passed by the learned Additional District Judge

cum Motor Accident Claims Tribunal, Fast

Track, 2nd Court, Purba Medinipur in MAC Case

No. 161 of 2014 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

appellant/claimant 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 claimant/appellant is directed to

deposit talabana costs together with written up

notice form for causing service of notice of

appeal upon the respondents.

Learned Advocate for the

appellant/claimant prays for dispensation of

service to the Respondent Nos. 2 and 3, the

owners of the offending vehicle as they did not

contested before the Tribunal and the

judgement and award was passed ex parte

against them.

Hence, the service of notice of appeal

upon the Respondent Nos.2 and 3 stands

dispensed with.

Liberty to mention.

(Ajay Kumar Gupta, J.)