Manoj Singh vs The New India Insurance Co. Ltd & ...
2023 Latest Caselaw 5526 Cal

24.08.2023                  IN THE HIGH COURT AT CALCUTTA
  Ct. no.654                 CIVIL APPELLATE JURISDICTION
  D/L 51
     ab                                 ,,




                                  FMAT 266 of 2020
                                        With
                                    CAN 1 of 2023
               ,




                                     Manoj Singh
                                          Vs.
                         The New India Insurance Co. Ltd & Anr.
               ,,




               Mr. Saswata Bhattacharya,
               Mr. Sanat Kr. Mullick
                                        ... for the appellant-claimant

               Mrs. Sucharita Paul
                     ... for the respondent no. 1-insurance company

Re: CAN 1 of 2023 (Section 5)

This is an application for condonation of delay

under Section 5 of the Limitation Act in preferring the

present appeal.

Mr. Saswata Bhattacharya, learned advocate for the

appellant-claimant submits that due to financial

stringency, the appeal could not be preferred within the

statutory period of limitation thereby resulting in delay of

245 days. He seeks for condonation of such delay.

Mrs. Sucharita Paul, learned advocate for the

respondent no. 1-insurance company opposes such

prayer.

It is contended in the application that due to poor

financial condition of the claimant, there has been delay

in preferring the appeal. The cause shown is sufficient to

condone such delay. Accordingly, delay of 245 days in

preferring the appeal stands condoned.

The application for condonation of delay being CAN

1 of 2023 stands disposed of.

Accordingly, the appeal is formally admitted and

registered.

Re : FMAT 266 of 2020

This appeal is preferred against the judgment and

award dated 6th March, 2019 passed by the learned

Judge, Motor Accident Claims Tribunal, XIIIth Bench,

City Civil Court at Calcutta in MAC Case No. 183 of 2011

under Section 166 of the Motor Vehicles Act, 1988.

Let the lower court records be called for.

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 appellant-claimant

within a period of two weeks of such arrival.

Upon receipt of the notice of arrival of lower court

records, learned Advocate for the appellant-claimant shall

prepare and file requisite number of informal paper books

incorporating all relevant papers and documents including

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.

Mr. Saswata Bhattacharya, learned advocate for the

appellant-claimant submits for dispensing with 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 respondent No. 2-owner of the offending vehicle did

not contest the claim application. In the aforesaid

backdrop, service of notice of appeal upon the respondent

No. 2-owner of the offending vehicle stands dispensed

with.

Since the respondent No. 1-insurace company has

already entered appearance, service of notice of appeal

upon the said respondent also stands dispensed with.

Let the matter go out of list.

Liberty to mention.

                     <               (Bivas Pattanayak, J.)