Aksarun Bibi & Ors vs Reliance General Insurance Co. ...
2023 Latest Caselaw 335 Cal

11.01.2023
sayandeep
Sl. No. 13
Ct. No. 654
                             FMAT 469 of 2014
                                   With
                 IA NO: CAN/1/2019(Old No. CAN/8796/2019)

                               Aksarun Bibi & Ors.
                                     -Versus-
                        Reliance General Insurance Co. Ltd. & anr.

                    Mr. Krishanu Banik
                                    .....for the appellants-claimants

                    Mrs. Gopa Das Mukherjee.
                          .......for respondent no1-insurance Co.

In Re: CAN 1 of 2019 (Old no. CAN 8796 of 2019)

This is an application for condonation of delay.

Mr. Krishanu Banik, learned advocate appearing

for the appellants-claimants submits that due to

certain attending circumstances his client could not

meet their conducting lawyer due to which there has

been delay of 90 days in preferring the appeal and he

submits for condonation of delay.

Mrs. Gopa Das Mukherjee, learned advocate

appearing for respondent no. 1-insurance company

opposes such prayer for condonation of delay.

As per report of the Stamp reporter dated

05.05.2014 there is delay of 90 days in preferring the

appeal. Be that as it may, the cause shown, is sufficient

to condone such delay of 90 days.

Accordingly the delay of 90 days in preferring the

appeal stands condoned.

The application being CAN 1 of 2019 (Old CAN

8796 of 2019) stands disposed of.

The appeal is formally admitted and registered.

In Re: FMAT 469 of 2014

This appeal is directed against the Judgment and

award dated 12th April, 2013 passed by learned

Additional District Judge cum Judge Motor Accident

claim Tribunal, Fast Track, 2nd Court, Tamluk, Purba

Medinipur in MAC Case No. 2/2013(278/2012).

Call for Lower Court Records.

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.

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

appellants-claimants as well as respondent no. 1-

Insurance Company within a period of two weeks.

Upon receipt of notice of arrival, learned advocate

for the appellants-claimants shall prepare and file

requisite number 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 four

weeks from the date of service of notice of arrival of

Lower Court records.

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 claim application. It appears

that the impugned Judgment has been passed ex parte

against respondent No. 2-owner of the offending vehicle.

Since he did not contest the case. Accordingly service

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

offending vehicle is dispense with.

Since respondent No. 1-Insurance Company has

already entered appearance hence service of notice of

appeal upon respondent No. 1 also stands dispensed

with.

The matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)