Calcutta High Court (Appellete Side)
Sibani Bouri & Ors vs The New India Assurance Co. Ltd. & ... on 2 February, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
02.02.2023
SL No.22
Court No. 654
Ali
F.M.A.T. 1215 of 2018
IA No:CAN/1/2020 (Old No.:CAN/2634/2020)
Sibani Bouri & Ors.
Vs.
The New India Assurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
...for the appellants-claimants.
Mr. Rajdeep Bhattacharjee
....for the respondent No.1-insurance co.
CAN/1/2020 (Old No.:CAN/2634/2020)
This is an application for condonation of
delay in preferring the appeal.
Mr. Amit Ranjan Roy, learned advocate for
appellants-claimants submits that due to marriage
in the family and also for taking necessary legal
steps there has been delay of 53 days in preferring
the appeal and seeks for condonation of such delay.
Mr. Rajdeep Bhattacharjee, learned advocate
for respondent no. 1-insurance company opposes
such prayer.
As per report of the Stamp Reporter dated
06.04.2021 there is delay of 53 days in preferring
the appeal. Bearing in mind, the beneficial piece of
legislation and the cause shown, I am inclined to
condone the delay of 53 days in preferring the
appeal. Accordingly, such delay stands condoned.
The application being CAN/1/2020 (Old
No.:CAN/2634/2020) stands disposed of.
The appeal is formally admitted and
registered.
F.M.A.T. 1215 of 2018
This appeal is preferred against the
judgment and award dated 15th June, 2018 passed
by learned Additional District Judge cum Judge,
Motor Accident Claims Tribunal, Fast Track, 2nd
Court, Asansol in M.A.C. Case No. 26 of 2016 under
Section 166 of the Motor Vehicles Act, 1988.
Mr. Amit Ranjan Roy, learned advocate for
appellants-claimants submits that all the relevant
papers are with him and as such calling for of lower
court records be dispensed with. In view of such
submissions, calling for of lower court records is
dispensed with for the time being.
Mr. Roy, learned advocate for appellants-
claimants undertakes to prepare informal paper
books. Accordingly, learned advocate for appellants-
claimants is directed to prepare and file three sets of
informal paper books in printed, typewritten or
cyclostyled incorporating all relevant papers and
documents including oral and documentary
evidence within a period of three weeks from date.
Mr. Roy, learned advocate for appellants-
claimants further 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
respondent No. 2-owner of the offending vehicle did
not contest the claim application and the case was
disposed of exparte against him.
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 entered appearance, hence service of notice of
appeal upon respondent No. 1-insurance company
is also dispensed with.
Let the matter appear on 24.02.2023 under
heading "Hearing".
(Bivas Pattanayak, J.)
