Tajema Bewa & Ors vs M/S Bajaj Allianze General ...
2023 Latest Caselaw 2019 Cal

                             IN THE HIGH COURT AT CALUTTA
                                Civil Appellate Jurisdiction
 27.03.2023
  SL No.319
Court No. 654
   Ali


                              F.M.A.T. 1278 of 2015
                             IA No: CAN/1/2022

                              Tajema Bewa & Ors.
                                      Vs.
                M/S Bajaj Allianze General Insurance Co. Ltd. & Ors.

                    Ms. Sima Ghosh
                                                     ...for the appellants.
                    Mr.Rajesh Singh
                                 ...for the appellant-Insurance Co.


                             Affidavit-of-service filed on behalf of the

                   appellants is taken on record.

                       CAN/1/2022

                             This is an application for condonation of

                   delay in preferring the appeal.

                             Ms.        Sima   Ghosh,    learned     advocate   for

                   appellants-claimants submits that due to financial

                   hardship there has been delay of 109 days in

                   preferring the appeal and she pays for condonation

                   of such delay.

                             Mr. Rajesh Singh, learned advocate for

                   respondent no. 1-insurance company opposes such

prayer.

As per report of the Stamp Reporter dated

21.10.2015 there is delay of 109 days in preferring

the appeal.

It is contended that due to financial

hardship the appeal could not be preferred within

the statutory period. Considering such ground and

bearing in mind, the beneficial piece of legislation

and the cause shown, I am inclined to condone such

delay. Thus the delay of 109 days in preferring the

appeal, stands condoned.

The application being CAN/1/2022 stands

disposed of.

The appeal is formally admitted and

registered.

F.M.A.T. 1278 of 2015

This appeal is preferred against the

judgment and award dated 30th March, 2015 passed

by learned Judge, Motor Accident Claims Tribunal,

1st Court, Berhampore, Murshidabad, in M.V. Case

No. 422 of 2009 under Section 163A of the Motor

Vehicles Act, 1988.

Call for the 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.

Upon receipt of notice of arrival of lower

court records shall prepare and file requisite

numbers of informal paper books incorporating all

relevant papers and documents including pleadings

and evidence, both oral and documentary, in printed

or cyclostyle or typewritten form within a period of

four weeks from date of service of notice of arrival of

lower court records.

Appellants-claimants is directed to deposit

Talabana Cost together with written up notice form

for causing service of notice of appeal upon the

respondent nos. 2 and 3.

Since respondent No. 1-insurance company

has entered appearance, hence service of notice of

appeal upon respondent No. 1-insurance company

is also dispensed with.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)