Ramchandra Maiti vs The National Insurance Company ...
2023 Latest Caselaw 4946 Cal

10.08.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                  CIVIL APPELLATE JURISDICTION
 Sl. No.39.                       APPELLATE SIDE
    KB



                                      F.M.A.T. 776 of 2021
                                             with
                                      IA No. CAN 1 of 2022


                                    Ramchandra Maiti
                                          Vs.
                      The National Insurance Company Ltd. & Ors.



                       Mr. Amit Ranjan Roy
                                     ... For the appellant/claimant.

                       Mr. Deb Narayan Roy
                                     ... For the Insurance Company.

                       Ms. Juin Das
                                       ... For the Respondent No.2

,, In Re: CAN 1 of 2022 Mr. Amit Ranjan Roy, Learned Advocate, appears

for the appellant/claimant.

Mr. Deb Narayan Roy, Learned Advocate, appears

for the Respondent/Insurance Company.

Ms. Juin Das, Learned Advocate, appears for the

Respondent No.2.

Learned Advocate appearing for the appellant

moved an application for condonation of delay and

submits that appellant could not filed this appeal in time

due to reasons mention in paragraph 5 of the application

and delay may be condoned.

The Learned Advocates for the respective

respondents raised objection orally.

On perusal of the application, I find delay explained

by the appellant is sufficient and accepted.

Accordingly, the application for condonation of

delay is considered and allowed by condoning the delay.

CAN 1 of 2022 is thus disposed of.

The appeal is formally admitted.

In Re: FMAT 776 of 2021

This appeal is preferred against the judgment and

award dated 23rd February, 2016 passed by the learned

Additional District Judge cum Motor Accident Claims

Tribunal, 3rd Court, Tamluk Purba Medinipur in MAC

Case No. 210 of 2014 under Section 166 of the Motor

Vehicles Act, 1988.

Learned Advocate appearing on behalf of the

appellant/claimant submits that all relevant papers are

lying with him as such he is ready to prepare informal

paper books out of court for early disposal.

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.

In the mean time, 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.

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.

Liberty to mention.

                <                (Ajay Kumar Gupta, J.)