Mor Selim Sk vs The National Insurance Co. Ltd. & ...
2023 Latest Caselaw 5543 Cal

24.08.2023                    IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                    CIVIL APPELLATE JURISDICTION
 Sl. No.62                                 APPELLATE SIDE
     KB                                    ,,




                                      F.M.A.T. 331 of 2019
                                            with
                                       IA No. CAN 1 of 2019
                                   (Old No. CAN 7517 of 2019)


                                         Mor Selim Sk.
                                              Vs.
                              The National Insurance Co. Ltd. & Anr.
              ,,




                    Mr. Amit Ranjan Roy
                                       ... for the appellant-claimant.

                    Mr. Saibalendu Bhowmik
                    Mr. Rajsekhar Basu
                                       ... for the respondent no.1.

Affidavit of Service filed on behalf of the

appellant-claimant is taken on record.

In Re: CAN 1 of 2019 (Old No. CAN 7517 of 2019)

This is an application for condonation of delay in

preferring the appeal.

Mr. Amit Ranjan Roy, learned advocate for the

appellant-claimant submits that due to severe injuries

and disablement as well as financial stringency there has

been delay of 87 days in preferring the appeal. He seeks

for condonation of such delay.

Mr. Rajsekhar Basu, Learned Advocate for

respondent no.1-insurance company opposes such

prayer.

As per report of the Stamp Reporter dated 27th

March, 2019 there is delay of 87 days in preferring the

appeal.

It is contended in the application that the victim

sustained severe injuries due to which his left leg was

amputated and is also suffering from financial stringency,

resulting in delay in filing of the appeal. The cause shown

is sufficient to condone such delay of 87 days in

preferring the appeal. Accordingly, such delay in

preferring the appeal stands condoned.

The application, being CAN 1 of 2019 (Old No.

CAN 7517 of 2019) stands disposed of.

Thus, the appeal is formally admitted and

registered.

In Re: F.M.A.T. 331 of 2019

This appeal is preferred against the judgment and

award dated 29th September, 2018 passed by the learned

Additional District Judge cum Judge, Motor Accident

Claims Tribunal, 4th Court, Howrah, in MAC case 321 of

2013 under Section 166 of the Motor Vehicles Act, 1988.

Mr. Amit Ranjan Roy, learned advocate for the

appellant-claimant 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 appellant-claimant 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

four weeks from date.

Mr. Roy, learned advocate for appellant-claimant

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.)