Surendra Nath Das & Anr vs Oriental Insurance Company Ltd. ...
2023 Latest Caselaw 1133 Cal

10.2.2023
Sl. No. 23
 Ct No. 654
Samarpita


                              FMAT (MV) 47 of 2022
                               IA.CAN 1 of 2022
                          Surendra Nath Das & Anr.
                                   Vs.
                    Oriental Insurance Company Ltd. Anr.

                    Mrs. Gopa Das Mukherjee......... respondent

Mr. Subhankar Mondal....... Appellant

CAN 1 of 2022

This is an application for condonation of delay

under Section 5 of the Limitation Act read with

Section 173 of Motor Vehicles Act, 1988.

Mr. Subhankar Mondal, learned Advocate for

the appellant-claimant submits that there is

anominal delay of 31 days in preferring the appeal,

and he seeks for condonation of such delay.

Mrs. Gopa Das Mukherjee, learned Advocate

appearing for respondent no. 1-insurance company

opposes such prayer.

As per report of the Additional Stamp Reporter

dated 1st March, 2022, there is delay of 31 days in

preferring the appeal. Bearing in mind the beneficial

piece of legislation and the cause shown, I am

inclined to condone such delay in preferring the

appeal. Accordingly, delay of 31 days in preferring

the delay stands condoned.

The application being CAN 1 of 2022 stands

disposed of.

The appeal is formally admitted and registered.

FMAT (MV)47/2022

This appeal is preferred against the judgment

and award dated 4th October, 2021 passed by

learned Additional District Judge-cum-Judge Motor

Accidents Claim Tribunal, 5th Court, Barasat, 24

Parganas (North) in M.A.C. case No. 5 of 2017,

under Section 166 of the Motor Vehicles Act, 1988.

Mr. Subhankar Mondal, learned Advocate for

the appellant-claimant submits that all the relevant

papers are with him and as such calling for lower

court records be dispensed with. In view of such

submissions, calling for the lower court records

dispensed with for the time being.

Mr Mondal, learned Advocate for the appellant-

claimant undertakes to prepare informal paper

books. Accordingly, learned Advocate for appellant-

claimant is directed to prepare and file requisite

numbers of paper books incorporating all papers

and document including pleadings and evidence,

both oral and documentary, in printed or cyclostyle

or type written form within a period of three weeks

from the date.

Mr Mondal, learned Advocate for appellant-

claimant 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 respondent no. 2-owner of the offending

vehicle did not contest the claim application and the

case was disposed of exparte against her. In the

aforesaid backdrop, service of notice of appeal upon

respondent No. 2-owner of the offending vehicle is

dispensed with.

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 on 28th February, 2023

under the heading "Hearing".

(Bivas Pattanayak, J.)