Sadhan Naiya @ Fatick Naiya vs Reliance General Insurance ...
2023 Latest Caselaw 5669 Cal

 Item No.14


                             In The High Court At Calcutta
                              Civil Appellate Jurisdiction
                                     Appellate Side

29.08.2023
   Ct-32
   BR

                              F.M.A.T. 745 of 2019
                                      With
                   IA No. CAN 1 of 2019 (Old No. 7987 of 2019)

                            Sadhan Naiya @ Fatick Naiya.
                                         Vs
                            Reliance General Insurance Company
              Ltd. & Ors.


                            Mr. Jayanta Kumar Mandal
                                           .... For the appellant


                                     CAN 1 of 2019


                    Affidavit of service filed is taken on record.

                        It is submitted that instant application has been

              filed under Section 173 (1) of the Motor Vehicles Act,

              1988 for condonation of delay of 275 days. Appellant

              prays for condonation of delay on the ground that he

              has prevented by sufficient cause to file the instant

              appeal.

                    Appellant further referred the paragraphs 6, 7 and

              8 of the condonation of delay. Appellants submits that

              the condonation of delay may be condoned otherwise

              the application will suffer irreparable loss and injury.
                               2




       It appears from the affidavit of service that service

of notice has already been effected. Despite of the said

facts no one appears on behalf of the respondents.

Furthermore, cause shown by the appellant is sufficient

and accepted. Accordingly, the application is stands

allowed by condoning the delay.

Consequently, CAN 1 of 2019 is thus deposed of.

F.M.A.T. 745 of 2019

The appellant has filed this appeal against the

judgment and award dated 20.07.2018 passed by Chief

Judge, City Civil Court, Calcutta in MACC No. 978 of

2008 thereby the Tribunal has awarded the

compensation to the tune of Rs. 40,000/- on contest

against the respondents /insurance companies and ex

parte against the owners of the offending vehicle.

Heard the appellant has made out a good case for

hearing the instant appeal. Accordingly, the instant

appeal is formally admitted and registered.

Call for the lower Court Record.

The appellant is ready to bear the special

messenger cost within seven days from this day.

Accordingly, appellant-claimant is directed to

deposit Special Messenger's cost for bringing the lower

court records within a week from date. Department is

directed to take effective steps for bringing the lower

court records from the learned tribunal within two

weeks of deposit of the Special Messenger's cost.

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 lower court

records upon learned advocate for the appellant and

learned advocate for respondent nos.1 & 2-insurance

companies.

Upon receipt of notice of arrival learned advocate

for appellant-claimant shall prepare and file requisite

numbers of informal paper books incorporating all

relevant papers and documents including pleadings,

both oral and documentary evidence in printed,

cyclostyled or typewritten form within the period of four

weeks from date of service of notice of arrival of lower

court records.

Appellant-claimant is further directed to deposit

Talabana cost along with written up notice forms for

service of notice of appeal upon the respondent Nos. 1&

2.

The notice upon the respondent nos. 3 and 4 are

hereby dispensed with since they did not contest the

claim application before the Tribunal and judgment and

award passed aforesaid against them ex parte.

Parties are given liberty to mention if the case is

ready in all respects for early hearing.

(Ajay Kumar Gupta, J.)