Smt. Ratna Das & Ors vs The National Insurance Co. Ltd. & ...
2023 Latest Caselaw 5419 Cal

22.08.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. No.62                             APPELLATE SIDE
     KB                                ,,




                                   F.M.A.T. 374 of 2017
                                          with
                                     IA No. CAN 1 of 2023


                                   Smt. Ratna Das & Ors.
                                           Vs.
                            The National Insurance Co. Ltd. & Anr.

              ,,




                      Mr. Amit Ranjan Roy
                                    ... for the appellants-claimants.

                      Mr. M. P. Chakaraborty
                      Ms. Ratnadipa Karmakar
                                    ... for the respondents-Ins. Co.

In Re: CAN 1 of 2023

This is an application for condonation of delay

under Section 5 of the Limitation Act.

Mr. Amit Ranjan Roy, learned advocate for the

appellants-claimants submits that due to financial

stringency the appeal could not be preferred within the

statutory period of limitation resulting thereby in delay of

203 days in preferring the appeal. He submits for

condonation of such delay in preferring the appeal.

Mrs. Ratnadipa Karmakar, learned advocate led by

Mr. M. P. Chakraborty, learned advocate appearing for

respondent no.1-insurance company does not raise any

objection.

As per report of the Stamp Reporter dated 7th

April, 2017, there is delay of 203 days in preferring the

appeal.

It is contended in the application that due to

sudden demise of the victim, who was the sole bread

earner, the claimants suffered from financial crisis

resulting in delay in filing of the appeal. Considering the

aforesaid ground and bearing in mind the beneficial piece

of legislation, I am inclined to condone the delay of 203

days in preferring the appeal. Accordingly, such delay

stands condoned.

The application, being CAN 1 of 2023 stands

disposed of.

The appeal is formally admitted and registered.

In Re: FMAT 374 of 2017

This appeal is preferred against the judgment and

award dated 14th June, 2016 passed by the learned

Additional District Judge cum Judge, Motor Accident

Claims Tribunal, Fast Track, 2nd Court, Burdwan, in MAC

case 78 of 2014 under Section 166 of the Motor Vehicles

Act, 1988.

Mr. Amit Ranjan Roy, learned advocate for the

appellants-claimants submits that all the relevant papers

are with him and as such calling for of lower court

records be dispensed with. He undertakes to file informal

paper books. Accordingly, calling for of lower court

records is dispensed with for the time being.

Learned advocate for the appellants-claimants is

directed to prepare and file three sets 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

two weeks from date.

Mr. Roy, learned advocate for appellants-claimants

further submits for dispensing with the service of notice

of appeal upon the respondent no.2, owner of the

offending vehicle, since he did not contest the claim

application. It is found from the impugned judgment that

the case has been disposed of ex parte against the

respondent no.2, owner of the offending vehicle. In the

aforesaid backdrop, service of notice of appeal upon the

respondent no.2, owner of the offending vehicle, stands

dispensed with.

Since respondent no.1-insurance company has

already entered appearance, service of notice of appeal

upon the said respondent also stands dispensed with.

Let the matter appear after four weeks under the

heading "Hearing".

             <                      (Bivas Pattanayak, J.)