Siraujul Mallick & Anr vs A.James & Anr
2023 Latest Caselaw 5788 Cal

31.08.2023
Item No. 49
BR


                        FMAT (MV) 76 of 2022
                               With
                           CAN 1 of 2022

                        Siraujul Mallick & anr.
                                 -vs-
                           A.James & anr..


                     Mr. Jahangir Badsah
                          .... For the appellant


                        Learned advocate appearing on

              behalf of the appellant files letter of

              intimation to the respondents.

Let it be kept with the record

CAN 1 of 2022

This is an application filed under

Section 173 (1) of the Motor Vehicles Act,

1988 for seeking condonation of delay

of 333 days in preferring the appeal.

Learned advocate also referred

paragraph 5 of the said application and

prays for condonation of delay as the

appellant has prevented the sufficient

cause for filing the appeal.

On perusal of the application it

appears that the appellant could not file

the instant appeal beyond the period of

limitation as provided in the Act and the

caused shown in the application are

sufficient and accepted. Furthermore,

the Motor Vehicles Act ,1988 is a

beneficial piece of legislation. So the

Court can take lenient view in case of

delay.

Accordingly the delay is

condoned.

CAN 1 of 2022 is, thus,

disposed of.

FMAT(MV) 76 of 2022

The appellant has filed this

appeal against the judgment and award

dated 31st day of March, 2021 passed by

Learned Judge, Motor Accidents Claim

Tribunal, 2nd Court, Purba Medinipur,

Dakshin Dinajpur in MACC No. 126 of

2008 thereby the Learned Tribunal has

awarded Rs. 5,23,600/- together with

interest @ 9% p.a. thereon from the date

of passing award till realization on

contest against the respondents

/insurance company and ex parte

against the owner of the offending

vehicle.

Heard, 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 two weeks

from this day.

Accordingly, appellant-claimant

is directed to deposit Special Messenger's

costs 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 after 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.

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

no. 1.

The notice upon the respondent

no. 2 is hereby dispensed with since

respondent no. 2 did not contest the

claim application before the Tribunal

and judgment and award passed

aforesaid against him ex parte.

Paries are given liberty to

mention, if the case is ready in all

respects, for early hearing.

( Ajay Kumar Gupta , J. )