Saraswati Hansda & Ors vs The Bajaj Allianz General In. Co. Ltd. & ...
2023 Latest Caselaw 7457 Cal

Calcutta High Court (Appellete Side)

Saraswati Hansda & Ors vs The Bajaj Allianz General In. Co. Ltd. & ... on 28 November, 2023

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 28.11.2023
SL No. 17
Court No. 551
   Ali


                         F.M.A.T (MV) 313 of 2022
                            IA No: CAN/1/2022

                          Saraswati Hansda & Ors.
                                    Vs.
                The Bajaj Allianz General In. Co. Ltd. & Anr.

                   Mr. Amit Ranjan Roy
                                           .....for the appellants.
                   Mr. Rajesh Singh
                        ....for the respondent No. 1-Insurance Co.

Affidavit of service filed on behalf of the

appellant is taken on record.

In Re.: CAN/1/2022

This is an application for condonation of

delay in preferring the instant appeal.

The instant appeal is preferred against the

judgment and order dated 30th November, 2021

passed by learned Judge, Motor Accident Claims

Tribunal, Paschim Medinipore, in MAC Case no. 198

of 2015.

The claimants are the appellants here.

It is reported by the Stamp Reporter that the

instant appeal is preferred in 39 days delay. Heard

the learned advocate perused the application being

CAN 1 of 2022 and grounds therein. It appears to

me that the grounds for preferring the appeal in

delay appears to be sufficient. Considering the same

the application being CAN 1 of 2022 is allowed. The

delay of 39 days in preferring the instant appeal is

hereby condoned.

Accordingly, the appeal is formally admitted.

Learned advocate for the appellant submits

that calling of the LCR is not required for the

purpose of determining in the appeal. Considering

the same the LCR is not required to be called for the

time being.

The appellant is directed to serve notices of

appeal upon the respondents by putting up the filled

up notices form with the Talabana cost to the

concerned department within a fortnight.

Appellant is further directed to prepare

informal paper books at least three in number

within eight weeks containing complete pleadings

and proofs, both oral and documentary placed

before the learned tribunal.

Let the matter appear for hearing on 21st

December, 2023.

The application being CAN 1 of 2022 is

disposed of.

All parties shall act on the server copy of

this order duly downloaded from the official website

of this Court.

(Subhendu Samanta, J.)