Sanchita Ghoshal & Ors vs The National Insurance Co. Ltd. & ...
2023 Latest Caselaw 104 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 04.01.2023
 SL No.30
Court No. 654
     Ali


                          F.M.A.T. 335 of 2019
                IA No: CAN/1/2019 (Old No.:CAN/10379/2019)

                         Sanchita Ghoshal & Ors.
                                   Vs.
                      The National Insurance Co. Ltd. & Anr.


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

                  Ms. Sucharita paul
                       ......for the respondent No. 1-Insurance Co.

Re: CAN/1/2019 (Old No.:CAN/10379/2019)

This is an application for condonation of

delay in preferring the appeal.

Mr. Amit Ranjan Roy, learned advocate for

appellants-claimants submits that for taking

necessary steps that there has been delay of 350

days in preferring the appeal and he seeks for

condonation of such delay.

Ms. Sucharita Paul, learned advocate for

respondent No. 1 Insurance Company vehemently

opposes such prayer.

As per report of the Additional Stamp

Reporter dated 27.03.2019 there is a delay of 350

days in preferring the appeal. Bearing mind the

beneficial piece of legislation and the cause shown, I

am inclined to condone the delay. Accordingly, delay

of 350 days in preferring the appeal is condoned.

The application being CAN/1/2019 (Old

No.:CAN/10379/2019) stands allowed and

disposed of.

The appeal is formally admitted and

registered.

FMAT 335 of 2019

This appeal is directed against the judgment

and award dated 21st December, 2017 passed by

learned Additional District Judge, Fast Track, 1st

Court, Asansol in M.A.C Case no. 103 of 2013 under

Section 166 of the Motor Vehicles Act, 1988.

Mr 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 and he also undertakes to

prepare and file informal paper books. In view of the

above, calling for of lower court records is dispensed

with for the time being.

Learned advocate for appellants-claimants is

directed to prepare and file three sets of informal

paper books incorporating all relevant papers and

documents including pleadings, both oral and

documentary evidence in printed, cyclostyled or

typewritten form within a week. One set of such

informal paper book be filed in court and another

set be served upon learned advocate for respondent

No. 1-Insurance Company.

Learned advocate for appellants-claimants

further submits that respondent no.2-owner of the

offending vehicle as he did not contest the claim

application before the learned tribunal. It appears

from the impugned judgment that the respondent

no.2-owner of the offending vehicle did not contest

the claim application before the learned tribunal and

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 already entered appearance hence service of

Insurance Company is also dispensed with.

Let the matter appear after two weeks under

the heading "hearing".

(Bivas Pattanayak, J.)