Calcutta High Court (Appellete Side)
Laila Bewa & Ors vs M/S Oriental Insurance Co. Ltd & ... on 8 February, 2023
23
Court
No. 11
G.S.Das
08.02.2023
FMAT 807 of 2018
With
CAN 1 of 2022
CAN 2 of 2022
Laila Bewa & Ors.
-Vs-
M/s Oriental Insurance Co. Ltd & Anr.
Ms. Sima Ghosh
... for the Appellants
Mr. Parimal Kumar Pahari
... for the respondents.
CAN 1 of 2022
This is an application for condonation of delay in
preferring the appeal.
Ms. Sima Ghosh, Learned Advocate, appearing
for the appellants submits that there is a delay of 568
days in preferring the appeal. She prays for
condonation of delay.
Mr. Parimal Kumar Pahari, Learned Counsel for
the Respondents, opposes the prayer for condonation
of delay.
As per the Report of the Additional Stamp Report
dated 6.12.2022, there is a delay of 553 days in
preferring the appeal.
However, the cause shown is sufficient to
condone such delay.
Accordingly, the delay of 553 days in preferring
the appeal is condoned.
CAN 1 of 2022 stands disposed of.
The appeal is formally admitted and registered.
FMAT 807 of 2018
This appeal is preferred against the Judgment
and Award dated 30th July, 2016 passed by the
Learned Additional Judge, Motor Accident Claim
Tribunal, 4th Court, Murshidabad at Berhampore in
MAC Case No. 71 of 2013 under Section 163-A of the
Motor Vehicles Act, 1988.
Ms. Ghosh, Learned Advocate for the
appellants/claimants, submits that all the relevant
papers are with her and as such calling for the Lower
Court Records be dispensed with.
In view of such submission, calling for Lower
Court Records is dispensed with.
Ms. Ghosh undertakes to prepare the requisite
number of Informal Paper Book(s).
Accordingly, Learned Advocate for the
appellants is directed to prepare and file three sets of
Informal Paper Book incorporating all relevant papers
and documents including pleadings and evidence,
both oral and documentary, in printed or cyclostyle or
type written form within a period of two weeks from
the date.
Ms. Ghosh further submits for dispensing with
service of notice of appeal upon the respondent
no.2/owner of the offending vehicle.
It appears that the impugned Judgment and
Award has been disposed of by the Learned Tribunal
ex-parte against the Respondent No.2/the owner of
the offending vehicle.
In the aforesaid backdrop, the service of notice of
appeal upon the said respondent is dispensed with.
Since the Respondent No.1/the Insurance
Company has already entered appearance, hence
service of notice of appeal upon the respondent no.1 is
also dispensed with.
CAN 2 of 2022:
This is an application for appropriate order.
Ms. Ghosh, Learned Advocate for the
appellants/claimants, submits that the appellant
no.6/Fatema Bewa expired on 10th of September, 2016
and as such her name be expunged from the
Memorandum of Appeal.
A copy of certificate of death annexed to the
application shows that the appellant no.6/Fatema
Bewa died on 10th of September, 2016.
Accordingly, the Department is directed to record
the fact of death of appellant no.6 and the name of the
appellant no.6 be expunged from the Memorandum of
Appeal.
CAN 2 of 2022 stands disposed of.
Let the matter appear on 27th of February, 2023
under the heading "Hearing".
(Bivas Pattanayak, J.)
