Calcutta High Court (Appellete Side)
Urmila Maity & Anr vs The National Insurance Co. Ltd. & ... on 3 October, 2023
S/L 64
03.10.2023
Court No.32
SD
FMAT 544 of 2020
With
CAN 1 of 2021
Urmila Maity & Anr.
Vs.
The National Insurance Co. Ltd. & Ors.
Mr. Jayanta Banerjee
Mr. Sandip Bandyopadhyay
Mr. Arghya Bhattacharya
... for the Appellants.
Ms. Sucharita Paul
... for the Respondent/Insurance Company.
CAN 1 of 2021:-
This is an application filed under Section 173(1) of the
Motor Vehicles Act, 1988 seeking for condonation of delay of
565 days in preferring the instant appeal. He referred
paragraphs 5 to 9 of the said application showing the 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.
On the other hand, learned advocate appearing on
behalf of the respondent/insurance company, filed affidavit-
in-opposition to the application for condonation of delay in
Court today and the same is kept with the record.
Heard both the sides and on perusal of the application
as well as affidavit-in-opposition, it appears that the
appellants as shown the cause is satisfactory and accepted.
Accordingly, delay in filing the instant appeal is condoned.
CAN 1 of 2021 is, thus, disposed of.
FMAT 544 of 2020:-
The appellants/claimants has filed this instant appeal
challenging the judgment and award dated May 14, 2018
passed by learned Additional District Judge, Motor Accident
Claims Tribunal, 3rd Court, Tamluk, Purba Medinipur in
MAC Case No.80 of 2015 thereby the learned Tribunal
dismissed the claim application on contest against the
respondent no.1/insurance company and ex parte against the
respondent nos.2 and 3 under Section 166 of the Motor
Accident Claims Act, 1988.
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 appellants are ready to bear the special
messenger cost within two weeks after ensuing puja
vacation.
Accordingly, appellants are directed to deposit the
special messenger costs for bringing the lower Court records
within such period.
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 appellants.
Upon receipt of notice of arrival, learned advocate for
appellants 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.
Appellants are 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 nos.2 and 3 is hereby
dispensed with since respondent nos.2 and 3 did not contest
the claim application before the Tribunal and judgment and
award passed aforesaid against them ex parte.
Parties are given liberty to mention, if the case is
ready in all respects, for early hearing.
(Ajay Kumar Gupta, J.)
