Smt. Manju Ghosh & Anr vs National Insurance Co. Ltd. & Anr
2023 Latest Caselaw 4983 Cal

11.08.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct.No.32                   CIVIL APPELLATE JURISDICTION
 Sl. No.32.                        APPELLATE SIDE
    KB



                                     F.M.A.T. (MV) 584 of 2022
                                              with
                                     IA No. CAN 1 of 2023


                                  Smt. Manju Ghosh & Anr.
                                            Vs.
                               National Insurance Co. Ltd. & Anr.


                        Mr. Anup Kumar Bag
                                  ... For the appellants/claimants.

                        Mr. M. P. Chakrabarty
                        Ms. Ratnadipa Karmakar
                                   ... For the Insurance Company.


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




                        Mr.   Anup    Kumar   Bag,   Learned   Advocate

              appears for the appellants.

                        Ms. Ratnadipa Karmakar, Learned Advocate led

              by Mr. M. P. Chakrabarty, Learned Counsel appears for

              the Insurance Company.

                        Learned Advocate appearing on behalf of the

              appellants moved an application filed under Section 5 of

              the Limitation Act, 1963 for condonation of delay in filing

              the instant appeal.

                        Learned Advocate submits that appellants could

              not file this appeal within time as they were prevented by

              sufficient reasons.
                                 2




          He    also   refers   paragraph   7   of   the   said

application and prays for condonation of delay.

          Learned Advocate for the Insurance Company

raised objection.

          Delay is condoned as the reasons assigned in

the application are sufficient and accepted.

          CAN 1 of 2023 is thus disposed of with the

above observation.

          Accordingly, the appeal is formally admitted.

            In Re: F.M.A.T (MV) 584 of 2022

       This appeal is preferred against the judgment and

award dated 29th January, 2022 passed by the learned

Additional District Judge cum Motor Accident Claims

Tribunal, Paschim Medinipur in MAC Case No. 410 of

2018 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.
                              3




       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.

      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.

Liberty to mention.

< (Ajay Kumar Gupta, J.)