Ashalata Das & Ors vs United India Insurance Co. Ltd. & ...
2023 Latest Caselaw 624 Cal

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 19.01.2023
SL No.31
Court No. 654
       Ali


                             F.M.A.T. 555 of 2021
                              IA No: CAN/1/2022

                              Ashalata Das & Ors.
                                      Vs.
                          United India Insurance Co. Ltd. & Anr.

                          Mr. Subhankar Mandal
                                      ...for the appellants-claimants.
                          Mr. Sanjay Paul
                            ...for the respondent No. 1-Insurance Co.

Re: CAN 1 of 2022

This is an application for condonation of

delay in preferring the appeal.

Supplementary affidavit filed on behalf of the

appellants-claimants is taken on record.

Copy served.

Mr Subhankar Mandal, learned advocate for

appellants-claimants submits that due to serious

illness of the claimant no.1 there has been delay of

1361 days in preferring the appeal and submits

condonation of such delay.

Mr Sanjay Paul, learned advocate for

respondent no.1-insurance company opposes such

prayer.

The report of Additional Stamp Reporter

dated 8.11.2021 shows delay of 1361 days in

preferring the appeal. The averment in the

supplementary affidavit and the medical documents

annexed thereto shows that claimant no.1 is

suffering from various ailments. Bearing in mind the

aforesaid as well the beneficial piece of legislation, I

am inclined to condone such delay. Accordingly,

delay of 1361 days in preferring the appeal stands

condoned.

The application being CAN 1 of 2022 stands

allowed and disposed of.

The appeal is formally admitted and

registered.

FMAT 555 of 2021

This appeal is directed against the judgment

and award dated 24th March, 2017 passed by

learned Additional District Judge cum Judge, Motor

Accident Claims Tribunal, 4th Court, Paschim

Medinipur in M.A.C. Case no. 40 of 2015 under

Section 166 of the Motor Vehicles Act, 1988.

Mr Subhankar Mandal, 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 Mandal, learned advocate for appellants-

claimants undertakes to prepare informal

paperbooks. Accordingly, 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

and evidence, both oral and documentary evidence

in printed, cyclostyled or typewritten form within a

period of one week from date.

Learned advocate for appellants-claimants

submits for dispensing with service of notice of

appeal upon 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 respondent no.2-owner of

the offending vehicle did not contest the claim

application before the learned tribunal 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 already entered appearance hence service of

notice of appeal upon said respondent is also

dispensed with.

Let the matter appear on 30.1.2023 under

the heading " Hearing".

(Bivas Pattanayak, J.)