Jyotsna Gope & Ors vs The New India Assurance Co. Ltd. & Anr
2023 Latest Caselaw 7523 Cal

Calcutta High Court (Appellete Side)

Jyotsna Gope & Ors vs The New India Assurance Co. Ltd. & Anr on 1 December, 2023

                             IN THE HIGH COURT AT CALUTTA
                                Civil Appellate Jurisdiction
 01.12.2023
SL No.57
Court No. 551
   Ali


                             FMAT (MV) 212 of 2023
                                       With
                               IA No.:CAN/1/2023

                            Jyotsna Gope & Ors.
                                    Vs.
                The New India Assurance Co. Ltd. & Anr.

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

                    Mr. P. K. Pahari
                                ...for the respondent insurance Co.

The instant appeal has been preferred

against the judgment and award dated 25th

November, 2022 passed by learned Judge, Motor

Accident Claims Tribunal, Asansol, Paschim

Bardhaman, in MAC Case no. 40 of 2016 under

Section 166 of M.V. Act.

In Re.: CAN 1 of 2023

This is an application for condonation of

delay filed by the appellant.

The report of the Additional Stamp Reporter

suggests that there are 41 days delay in preferring

the instant appeal.

Learned advocate for the appellant submits

that the appellant was prevented by sufficient

caused to prefer the instant appeal within the

stipulated period of limitation so the delay may be

condoned.

Learned advocate for the insurance company

raised strong objection and submits that there are

no specific ground to condone the delay.

Heard the learned advocate perused the grounds;

having heard the learned advocates and on perusing

the grounds in the body of the application itself, it

appears to me that the grounds are sufficient.

Accordingly, the application being CAN 1 of 2023

under Section 5 of the Limitation Act is considered

and allowed.

Delay in preferring the appeal is hereby

condoned.

The appeal is formally admitted.

Register the same.

insurance company has already made their

appearance so the notices of appeal upon the

respondent is not required and dispensed with.

The appellant is directed to serve the notices

of appeal upon the respondent No. 2 i.e. the owner

of the offending vehicle by putting up Talabana cost

with the filled up notices form to the concerned

department within a fortnight.

Learned advocate for the appellant/claimant

submits that he possesses all pleadings and proofs

both oral and documentary from the LCR so if

directed he may prepare the paper books.

Considering the submission, calling of LCR from the

office of the learned tribunal is dispensed with for

the time being.

       The        learned      advocate            for    the

appellant/claimant    is    directed   to   file     requisite

number of informal paper books at least three in

number including pleadings and proofs both oral

and documentary of the LCR and file the same in

the Court as early as possible, after serving the

same to the learned advocate for the insurance

company.

Let the matter appear on 4th January, j2024

under the heading "Hearing".

(Subhendu Samanta, J.)