Smt. Purnima Chowdhury & Ors vs National Insurance Company Ltd. & ...
2023 Latest Caselaw 4949 Cal

10.08.2023                     IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                      CIVIL APPELLATE JURISDICTION
 Sl. No.40.                           APPELLATE SIDE
    KB



                                         F.M.A.T. 781 of 2021
                                                with
                                         IA No. CAN 1 of 2023


                                 Smt. Purnima Chowdhury & Ors.
                                           Vs.
                          National Insurance Company Ltd. & Anr.



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

                                         In Re: IA No. CAN 1 of 2023
              ,,




                     In spite of service on twice occasions, nobody

              appears     on    behalf    of   the   Respondents/Insurance

Company.

Learned Advocate moved the application for

condonation of delay in filing the appeal and submits that

the appellants could not file appeal in time due to prevent

by sufficient cause. He refers cause shown in Paragraph 9

of the said application.

On perusal of the application, this Court finds that

delay explained by the appellants is sufficient and

accepted.

Accordingly, the application is considered and

allowed by condoning the delay.

CAN 1 of 2023 is thus deposed of.

The appeal is formally admitted.

In Re : F.M.A.T. 781 of 2021

This appeal is preferred against the judgment and

award dated 31st May, 2018 passed by the learned Judge,

Motor Accident Claims Tribunal, Fast Track 2nd Court,

Court, Tamluk in MAC Case No. 01 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 appellants/claimants

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 claimants/appellants are directed to deposit

talabana costs together with written up notice form for

causing service of notice of appeal upon the respondents.

Owner of the offending vehicle did not contest the

matter before the Ld.Tribunal and the judgement and

award has been passed exparte against him. Hence,

service of notice of appeal to the owner of the vehicle

stands dispensed with for the time being.

Liberty to mention.

            <                   (Ajay Kumar Gupta, J.)