Sandhya Rani Jana & Anr vs Icici Lombard G.I. Co. Ltd. & Anr
2023 Latest Caselaw 140 Cal

05.01.2023
sayandeep
Sl. No. 28
Ct. No. 654
                                FMAT(MV) 450 of 2022
                                       With
                                 IA NO:CAN/1/2022

                                Sandhya Rani Jana & Anr.
                                      -Versus-
                          ICICI Lombard G.I. Co. Ltd. & Anr.

                    Mr. Subhankar Mondal
                                               .....for the appellants
                    Mr. Saswata Bhattacharya
                                       .....for the respondent No. 1

In Re: CAN/1/2022

This is an application for condonation of delay

under Section 5 of the Limitation Act read with Section

173 of the Motor Vehicles Act, 1988.

Mr. Subhnakar Mandal, learned advocate for the

appellants-claimants submits that there has been a

nominal delay of 32 days in preferring the appeal and

he seeks for condonation of such delay.

Mr. Saswata Bhattacharya, learned advocate

appearing for the respondent No. 1 opposes such prayer

for condonation of delay.

It appears from the report of Additional Stamp

Reporter dated 15.12.2022 that there has been delay of

32 days in preferring the appeal. However, the cause

shown is sufficient to condone such delay. Accordingly

the delay of 32 days in preferring the appeal stands

condoned.

The application being CAN/1/2022 stands

disposed of.

The appeal is formally admitted and registered.

In Re: FMAT(MV) 450 of 2022

This appeal is directed against judgment and

award dated 19th May, 2022 passed by Additional

District Judge cum Judge, Motor Accident Claims

Tribunal, 1st Track, 3rd Court, Paschim

Medinipur(sadar) in M.A.C Case no. 34 of 2015 under

Section 166 of the Motor Vehicles Act, 1988.

Call for Lower Court records.

Mr. S. Mondal, learned advocate for the

appellants-claimants submits that the appellants shall

deposit Special Messenger's costs for bringing Lower

Court Records at the earliest. Accordingly appellants

are directed to deposit Special Messenger's costs within

a period of one week from date.

Department is directed to take effective steps for

bringing the Lower Court records from the learned

Tribunal within a period of two weeks from date of

deposit of special messenger's cost.

Upon receipt of the Lower Court records, the

office shall examine the same and if found to be

complete and in order shall serve notice of arrival of

Lower Court records upon learned advocate for the

appellants-claimants as well as learned advocate for

respondents-Insurance Company within a period of two

weeks.

Upon receipt of notice of arrival, learned advocate

for the appellant-claimants shall prepare and file

requisite numbers of informal paper books

incorporating all relevant papers and documents

including pleadings both oral and documentary

evidence in printed or cyclostyled or typed written form

within a period of three weeks from the date of service

of notice of arrival of Lower Court records.

Mr. S. Mondal, learned advocate for the

appellants-claimants submits for dispensing with

service of notice of appeal upon respondent No. 2 -

owner of the offending vehicle. It appears that the

award has been passed ex parte against respondent No.

2 owner of the offending vehicle is dispensed with.

Since respondentNo.1-Insurance Company has already

entered appearance service of notice of appeal upon

respondent No. 1 is also dispensed with.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)