Calcutta High Court (Appellete Side)
Sri Angad Barman vs United India Insurance Company ... on 3 October, 2023
S/L 70
03.10.2023
Court No.32
SD
FMAT (MV) 418 of 2022
With
CAN 1 of 2023
Sri Angad Barman
Vs.
United India Insurance Company Ltd. & Anr.
Mr. Krishanu Banik
Mr. Tathagata Banik
... for the Appellant.
Affidavit of service filed by the appellant in Court
today be kept with the record.
It is submitted that the service of notice upon the
respondent no.2 may be dispensed with since the owner of
the offending vehicle did not contest the case before the
Tribunal from initial stage and the judgment and award
passed ex parte against the respondent no.2.
Accordingly, the service of notice upon the
respondent no.2 is dispensed with.
CAN 1 of 2023:-
This is an application filed under Section 173(1) of the
Motor Vehicles Act, 1988 seeking for condonation of delay of
76 days in preferring the instant appeal. He referred
paragraphs 4 to 8 of the said application showing the
sufficient cause for delay in filing the appeal beyond the
period of limitation as prescribed under Section 173 (1) of
the Motor Vehicles Act, 1988. He prays for condonation of
delay.
In spite of service of notice, nobody appears on behalf
of the respondent no.1/insurance company.
Heard and on perusal of the application, it appears
that the cause shown by the appellant is satisfactory and
accepted. Accordingly, delay in filing the instant appeal is
condoned.
CAN 1 of 2023 is, thus, disposed of.
FMAT (MV) 418 of 2022:-
The appellants/claimants has filed this instant appeal
challenging the judgment and award dated March 24, 2022
passed by learned Judge, Motor Accident Claims Tribunal,
Fast Track, 1st Court, Tamluk, Purba Medinipur in MAC Case
No.49 of 2015 thereby the learned Judge allowed the claim
application under Section 166 of the Motor Vehicles Act,
1988 on contest against the respondent no.1/insurance
company and ex parte against the respondent no.2, the
owner of the offending vehicle and awarded a compensation
to the tune of Rs.2,97,480/- along with interest at the rate of
6% per annum from the date of filing of the claim
application, that is, October 3, 2015 till payment.
The grounds set forth in the memorandum of appeal
are good grounds for hearing the appeal. Accordingly, the
appeal is, thus, admitted and registered.
Call for the lower court record.
The appellant is ready to bear the special messenger
cost within two weeks after ensuing puja vacation.
Accordingly, appellant is directed to deposit the
special messenger costs for bringing the lower Court records
within such period as aforesaid.
Department is directed to take effective steps for
bringing the lower Court records from the learned tribunal
within two weeks after deposit of the special messenger
costs.
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 the appellant.
Upon receipt of notice of arrival, learned advocate for
appellant shall prepare and file requisite numbers of
informal paper books incorporating all relevant papers and
documents including pleadings, both oral and documentary
evidence in printed, cyclostyled or typewritten from within
the period of four weeks from date of service of notice of
arrival of lower court records.
Appellant is further directed to deposit talabana along
with written up notice forms for service of notice of appeal
upon the respondent no.1.
The notice upon the respondent no.2 is hereby
dispensed with since respondent no.2 did not contest the
claim application before the Tribunal and judgment and
award passed aforesaid against him ex parte.
Parties are given liberty to mention, if the case is
ready in all respects, for early hearing.
(Ajay Kumar Gupta, J.)
