The New India Assurance Co. Ltd vs Smt. Champa Mahato And Ors
2023 Latest Caselaw 6744 Cal

04.10.2023
Sl.No. 44
Ct.No. 32
Amalranjan
                    FMAT 569 of 2020
                         With
                      CAN 1/2023

             The New India Assurance Co. Ltd.
                           Vs.
              Smt. Champa Mahato and ors.

             Mr. Sanjay Paul.........for the appellant

             Mr. Jayanta Kumar Mondal
             Mr. Sayantan Rakshit
                             ....for the respondent nos.1 & 2

Re: CAN 1/2023

This is an application for condonation of

delay of 137 days in preferring the instant

appeal. Learned Advocate appearing on behalf of

the Appellant also refers paragraph nos. 5 - 9 to

show sufficient cause for not preferring the

appeal within time as prescribed under Section

173 (1) of the Motor Vehicles Act, 1988. He

prays for condonation of delay.

On the other hand, Ld advocate appearing

on behalf of the respondent nos. 1 and 2 opposes

the prayer for condonation of delay.

The cause shown by the appellant in the

said application is sufficient, satisfactory and

accepted. Accordingly, the delay is condoned.

The application being CAN 1/2023 is, thus,

disposed of.

Re: FMAT 569 of 2020

The appellant has filed this appeal against

the judgment of award dated 31.07.2019 passed

by the learned Additional District Judge-cum-

MAC Tribunal, 3rd Court, Purulia in MACC No.

107/2016, thereby the learned tribunal awarded

compensation to the tune of Rs. 6,34,000/- with

interest at the rate of 6% per annum from the

date of filing claimant that is on 28th September,

2016 till the date of payment.

The said case was disposed of on contest

against the appellant/Insurance Co. ex parte

against the owner of the offending vehicle.

The grounds set forth by the appellant are

good grounds for hearing of the appeal.

Accordingly, the appeal is formally admitted

and registered.

Call for the lower court record.

Office is directed to take appropriate steps

to bring the lower court record and verified the

same and if it is found complete and in order,

notice to be served upon the learned advocate

appearing on behalf of the appellant for arrival of

the lower court records.

The appellant is directed to prepare the

informal paper books appending the necessary

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 and file the same.

The appellant is further directed to deposit

Talabana cost along with written up notices for

service upon the respondent nos. 1 and 2.

Liberty to mention, if the appeal be ready in

all respect, for early hearing.

( Ajay Kumar Gupta, J. )