Ravi Yadav vs Icici Ld. General Insurance Co. ...
2023 Latest Caselaw 6673 Cal

         03.10.2023                      FMAT 214 OF 2018
sd                                             With
4.                                         CAN 1 of 2023
Ct 32.
                      Ravi Yadav vs. ICICI Ld. General Insurance Co. Ltd. & Anr.


                       Mr. A. Mondal             ..For the appellant.

                       Ms. Gopa Das Mukherjee ..For the Insurance Co.


                                Re - CAN 1 of 2023.

                               Learned advocate appearing on behalf of the

                      appellant moved an application for condonation of delay of

                      144 days in preferring an appeal. He also referred to

                      paragraphs 5 to 14 of the said application showing the

                      sufficient cause for not filing the appeal within time as

                      prescribed under section 173(1) of the Motor Vehicles Act. He

                      prays for condonation of delay.

                               On the other hand, learned advocate appearing for

                      the Insurance Company raised objection to such prayer.

                               Heard both sides. On perusal of the application, it

                      appears that the appellants have shown sufficient cause.

                      Such cause is satisfactory and accepted.

                               Accordingly, condonation of delay stands condoned.

                               CAN 1 of 2023 is thus disposed of.

                               Re - FMAT 214 of 2018

                               The appellant has filed this appeal against the

                      judgment and award dated 22nd August 2017 passed by

                      Learned Judge, Motor Vehicles Accident Claims Tribunal,

                      Bench-XIII in M.J.C.C No. 318 of 2011. Thereby, the learned
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Tribunal awarded a compensation to the tune of Rs.

4,00,000/- on contest against the respondents along with an

interest @ 6% p.a. as simple interest from the date of filing of

the claim application within two months from the date of

judgment failing which, the petitioner shall be entitled to

realize the same as per law.

The grounds set forth by the appellant are good

grounds for hearing the appeal.

Accordingly, the appeal is formally admitted and

registered.

The appellant is ready to bear the cost of the special

messenger to bring the lower court records. The cost to be

paid within two weeks after the ensuing Puja vacation.

Department is directed to ensure to take

appropriate steps to bring the LCR within two weeks from the

date of deposit of the special messenger cost.

Upon receipt of the LCR, the office is directed to

verify the same, and if it is found complete and in order,

notice to be issued upon the learned advocate appearing on

behalf of the appellant for arrival of the LCR.

Upon receipt of notice of arrival, learned advocate

for the 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 form within the

period of arrival of LCR.

Appellant is further directed to deposit Talabana

cost along with written up notice forms for service of notice of

appeal upon the respondents.

Liberty to mention after the appeal is ready for

hearing.

( Ajay Kumar Gupta, J. )