Sir Sandip Kumar Sinha vs The Nicl & Anr
2023 Latest Caselaw 1132 Cal

10.2.2023
Sl. No. 15
 Ct No. 654
Samarpita


                               FMAT 197 of 2019
                             IA.CAN 1 of 2019
                             (Old no. CAN 7510 of 2019)

               Sir Sandip Kumar Sinha
                       Vs.
                 The NICL & Anr.

               Mr. Amit Ranjan Roy....... Appellant

               Mr. Saswata Bhattacharyya......... respondent

CAN 1 of 2019(Old no. CAN 7510 of 2019)

This is an application for condonation of

delay in preferring the appeal.

Mr. Amit Ranjan Roy, learned Advocate for

appellant-claimant submits that due to the injuries

and medical treatment of the injured, there has been

delay of 59 days in preferring the appeal and he

seeks the condonation of such delay.

Mr. Saswata Bhattacharyya, learned

Advocate opposes such prayer for condonation of

delay.

As per report of Additional Stamp Reporter

dated 19th February 2019 there is delay of 59 days

in preferring the appeal. Bearing in mind beneficial

piece of legislation and the cause shown, I am

inclined to condone the delay of 59 days in

preferring the appeal. Accordingly, such delay, in

preferring the appeal is condoned.

The application being CAN 1 of 2019 (Old

no. CAN 7510 of 2019) is disposed of

The appeal is formerly admitted and

registered.

FMAT 197 of 2019

This appeal is preferred against the

judgment and award dated 14th September, 2018

passed by Learned Additional District Judge-cum-

Judge, Motor Accident Claims Tribunal, Fast Track,

1st Court, Howrah, in M.A.C. Case No. 232 of 2015

under Section 166 of the Motor Vehicles Act, 1988.

Mr Amit Ranjan Roy, learned Advocate for

appellant-claimant submits that all the relevant

papers are with him and as such calling lower court

records be dispensed with at present. In view of

such submissions, calling for lower court records is

dispensed with for the time being.

Mr Roy, learned Advocate for appellant-

claimant undertakes to prepare informal paper

books. Accordingly, learned advocate for appellants-

claimant is directed to prepare and file requisite

numbers of informal paper books incorporating all

papers and documents including pleadings and

evidence both, oral and documentary, in printed or

cyclostyle or type written form within a period of

four weeks from date.

Mr Roy, learned Advocate for appellants-

claimants submits for dispensing with service of

notice of appeal upon respondent no. 2-Owner of the

offending vehicle, since he did not contest the claim

application. It appears from the impugned judgment

that the case has been dismissed on contest against

respondent no.2-owner of offending vehicle.

Accordingly, appellant-claimant is directed to

deposit talabana cost along with written up notice

form for service of notice of appeal upon respondent

No. 2 owner of the offending vehicle within a period

of two weeks from the date.

Since respondent no. 1-insurance company

has already entered appearance, hence, service of

notice of appeal upon the said respondent is

dispensed with.

Let the matter appear in the Combined

Monthly List of March, 2023 under the heading

"Hearing".

(Bivas Pattanayak, J.)