Calcutta High Court (Appellete Side)
Anjana Munshi & Ors vs United India Insurance Company ... on 3 October, 2023
03.10.2023
Item No. 34
BR
FMAT 225 of 2019
With
CAN 1 of 2023
Anjana Munshi & Ors.
-vs-
United India Insurance Company Limited
& anr.
Mr. S.Rakshit
..... for the appellants
Affidavit of service filed in Court today
by the appellant is taken on record.
CAN 1 of 2023
Learned advocate prays for
dispensation of service upon the
respondent no. 2, the owner of the
offending vehicle since the owner of the
offending vehicle did not contest the case
from very beginning and the judgment
and award passed ex parte against the
owner of the offending vehicle.
Accordingly, the service of notice is hereby
dispensed with upon the respondent no.
Learned advocate appearing for the
appellant submits that there is delay of
158 days in filing the appeal. He also
refers paragraph 6 of the said application
to show the reason for delay. He prays for
condonation of delay.
No one appears on behalf of the
respondent no. 1/Insurance Company in
spite of service of notice.
Heard and on perusal of the
application, it appears that the caused
shown by the appellant is satisfactory and
accepted. Delay in filing the appeal is
hereby condoned.
Accordingly, CAN 1 of 2023 is, thus,
disposed of.
FMAT 225 of 2019
The appellants have challenged
the judgment and award dated 26 th June,
2018 passed by the learned Judge, Motor
Accidents Claims Tribunal, Durgapur,
District Burdwan in MACC Case N0. 35 of
2014, thereby the learned Judge allowed
the claim application and awarded a
compensation to the tune of Rs. 40 lakhs
plus interest thereon at the rate of 6 per
cent per annum from the date of filing of
the case till the date of realisation under
Section 166 of the Motor Vehicles Act,
1988.
The grounds set forth by the
appellant are good grounds for hearing
the appeal. Accordingly, the instant
appeal is admitted and registered.
Call for the lower Court Record.
The appellant is ready to bear the
special messenger cost within one week
after ensuing puja vacation.
Accordingly, appellants-claimants
are directed to deposit Special
Messenger's costs for bringing the lower
Court records within a week 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's cost.
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-claimants
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 form within the period of four
weeks from date of service of notice of
arrival of lower court records.
Appellant -claimant is further
directed to deposit Talabana cost 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 as 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. )
