Sri Ananta Barman vs United India Insurance Co. Ltd. & ...
2023 Latest Caselaw 4951 Cal

10.08.2023                   IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                    CIVIL APPELLATE JURISDICTION
 Sl. No.26.                         APPELLATE SIDE
    KB



                                      F.M.A.T. 374 of 2020
                                               with
                                      IA No. CAN 1 of 2020



                                     Sri Ananta Barman
                                             Vs.
                             United India Insurance Co. Ltd. & Anr.

                       Mr. Krishanu Banik
                       Mr. Tathagata Banik
                                     ... For the appellant/claimant.

                                      In Re: IA No. CAN 1 of 2020
              ,,




                        Learned Advocate appearing on behalf of the

              appellants/claimants submits that though the Additional

              Stamp Reporter reported that there is 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 02.10.2021 due to unprecedented Pandemic

              Covid 19 by the Hon'ble Supreme Court in SMW(C) No. 3

              of 2020 dated 27.04.2021. As such the appeal is not

              barred by limitation.

                       Upon perusal of record, it appears that the

              appeal has been filed within time.

                       CAN 1 of 2020 is thus disposed of with above

              observation.

                        Accordingly, the appeal is formally admitted.
                              2




                 In Re: F.M.A.T 374 of 2020

       This appeal is preferred against the judgment and

award dated 26th February, 2020 passed by the learned

Judge cum Motor Accident Claims Tribunal, 3rd Court,

Dakshin Dinajpur at Balurghat in MAC Case No. 51 of

2017 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

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.

Service of notice of appeal to the owner of the

vehicle/Respondent No.2 stands dispensed with since

owner did not contest the case and Judgment and award

was passed exparte against owner.

Liberty to mention.

            <                   (Ajay Kumar Gupta, J.)