Bajaj Allianz General Insurance ... vs Tilok Dome @ Tilak Dom & Anr
2023 Latest Caselaw 4120 Cal

    58
05.07.2023
Ct. No.654
    pg.
                       IN THE HIGH COURT AT CALCUTTA
                        CIVIL APPELLATE JURISDICTION
                               APPELLATE SIDE

                              FMAT 69 of 2018
                                     with
                   IA No. CAN 1 of 2018 (CAN 1207 of 2018)

                Bajaj Allianz General Insurance Company Limited
                                        Vs.
                          Tilok Dome @ Tilak Dom & Anr.


                    Mr. Rajesh Singh
                         ... For the appellant-Insurance Company

                    Mr. Jayanta Kumar Mandal
                          ... For the respondent no.1-claimant

Affidavit of service filed on behalf of the appellant-

Insurance Company in Court today is taken on record.

In re: CAN 1 of 2018 (CAN 1207 of 2018)

The application is taken up for hearing treating the

same as on day's list.

This is an application for condonation of delay in

preferring the appeal.

Mr. Rajesh Singh, learned advocate for the

appellant-Insurance Company submits that for completion

of official formalities, there has been delay of 42 days in

preferring the appeal and he seeks for condonation of such

delay in preferring the appeal.

Mr. Jayanta Kumar Mandal, learned advocate for

the respondent no.1-claimant leaves the matter to the

discretion of the Court.

None appears on behalf of the respondent no.2-

owner of the offending vehicle despite service of copy of the

application.

It is found from the report of the Stamp Reporter

dated 16th March, 2018, there has been a delay of 42 days

in preferring the appeal. The cause shown is sufficient to

condone such delay. Accordingly, delay of 42 days in

preferring the appeal stands condoned.

The application, being CAN 1 of 2018 (CAN 1207

of 2018), stands disposed of.

Accordingly, the appeal is formally admitted and

registered.

In re: FMAT 69 of 2018

This appeal is preferred against the judgment and

award dated 14th September, 2017 passed by the learned

Judge, Motor Accident Claims Tribunal, 3rd Court, Purulia,

in MAC Case No.16 of 2014 under Section 166 of the

Motor Vehicles Act, 1988.

Let lower court records be called for.

Department is directed to take effective steps for

bringing the lower court records from the learned Tribunal

within 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 the learned advocates for the appellant-Insurance

Company as well as the respondent no.1/claimant within

a period of two weeks of such arrival.

Upon receipt of notice of arrival of lower court

records, learned advocate for the appellant-Insurance

Company is directed to prepare and file three sets of

informal paper books incorporating all relevant papers and

documents including the pleadings and evidence, both oral

and documentary, in printed or typewritten or cyclostyled

form, as the case may be, out of Court, within a period of

four weeks from the date of service of notice of arrival of

lower court records.

The appellant-Insurance Company is directed to

deposit Talabana costs together with written up notice

form for causing service of notice of appeal upon the

respondent no.2-owner of the offending vehicle.

Let the matter go out of list with liberty to the

parties to mention the matter for inclusion in the list after

preparation of paper books.

(Bivas Pattanayak, J.)