Calcutta High Court (Appellete Side)
National Insurance Company ... vs Nabanita Jana & Ors on 1 May, 2023
01.05.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No. 618
ss F.M.A.T. 502 of 2014
C.A.N. 2 of 2014 (old No.C.A.N. 5198 of 2014)
National Insurance Company Limited
Versus
Nabanita Jana & ors.
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Mr. Pingal Bhattacharya
Mr. Rajdeep Sinha
... for the respondent nos.1 to 4-claimants
Re : CAN 2 of 2014 (old No. CAN 5198 of 2014)
Affidavit of service filed on behalf of the appellant is
taken on record.
This is an application for condonation of delay in
preferring the appeal.
The application is treated as on day's list.
Mr. Rajesh Singh, learned Advocate for the
appellant submits that there is nominal delay of 13 days
in preferring the appeal. He seeks for condonation of
such delay.
Mr. Pingal Bhattacharya, learned Advocate for the
respondent nos.1 to 4 (claimants) leaves the matter to the
discretion of the Court.
From the affidavit of service it is found that the
consigned letter has returned with endorsement
'insufficient address'.
Mr. Rajesh Singh, learned Advocate for the
appellant-Insurance Company submits that the
consignment has been made to respondent nos.5 and 6 to
their addresses as provided in the claim application.
Accordingly, the application for condonation of
delay is taken up for consideration.
As per report of the Additional Stamp Reporter
dated 11th June, 2014, there is delay of 13 days in
preferring the appeal. The cause shown is sufficient to
condone such delay. Accordingly, the delay of 13 days
stands condoned.
The application being CAN 2 of 2014 (old No. CAN
5198 of 2014 stands disposed of.
The appeal is formally admitted and registered.
Re : FMAT 502 of 2014
This appeal is preferred against the judgment and
award dated 12th December, 2013 passed by the learned
Judge, Motor Accident Claims Tribunal, Purba Medinipur,
in M.A.C. Case No.6 of 2011 under Section 166 of the
Motor Vehicles Act, 1988.
Let the 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 the lower court
records upon the learned advocate for appellant-Insurance
Company as well as learned Advocate for the respondent
nos.1 to 4 (claimants) within a period of two weeks of such
arrival.
Mr. Pingal Bhattacharya, learned Advocate for the
respondent nos.1 to 4 (claimants) undertakes to prepare
informal paper books. Accordingly, learned advocate for
respondent nos.1 to 4 (claimants) is directed to prepare
and file requisite number of informal paper books
incorporating all relevant papers and documents including
the pleadings and evidence, both oral and documentary,
printed or typewritten or cyclostyled, 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 record.
The appellant-Insurance Company is directed to
deposit talabana costs together with written up notice
forms for causing service of notice of appeal upon the
respondent nos.5 and 6.
Since the respondent nos.1 to 4 have already
entered appearance through their learned Advocate,
hence service of notice of appeal upon the aforesaid
respondents is dispensed with.
Let the matter appear two weeks after ensuing
summer vacation.
< (Bivas Pattanayak, J.)
