Calcutta High Court (Appellete Side)
Dukhi Sk vs Reliance General Insurance Co. ... on 5 October, 2023
05.10.2023
Sl.No. 35
Ct.No. 32
Amalranjan
FMAT 108 of 2020
With
CAN 1/2023
Dukhi Sk.
Vs.
Reliance General Insurance Co. Ltd. and anr.
Mr. Saidur Rahaman.........for the appellant
Ms. Gopa Das Mukherjee
....for the respondent/ Insurance Co.
Re: CAN 1/2023
This is an application for condonation of
delay filed under Section 173(1) of the Motor
Vehicles Act, 1988.
Learned advocate appearing on behalf of the
appellant/claimant submits that there is delay of
14 days in preferring the instant appeal. He also
refers paragraphs nos. 2 - 7 to show sufficient
cause for not preferring the appeal within time.
He prays for condonation of delay.
On the other hand, Ms. Gopa Das
Mukherjee, learned advocate appearing on behalf
of the respondent/Insurance Co. raised objection
of such prayer.
The causes shown by the appellant in the
said application are sufficient, satisfactory and
accepted. Accordingly, the delay is condoned.
The application being CAN 1/2023 is, thus,
disposed of.
Re: FMAT 108 of 2020
The appellant has filed this appeal against
the judgment of award dated 26.09.2019 passed
by the learned Additional District Judge-cum-
MAC Tribunal, Fast Track Court-II,
Krishnanagar, Nadia in MACC No. 185/2012,
thereby the learned tribunal awarded a
compensation to the tune of Rs. 3,21,850/- from
the date of filing of the claim application which
requires to be paid by the Insurance Company
within two months from the date of judgment
and award dated 26.09.2019.
The grounds set forth by the appellant are
good grounds for hearing of the appeal.
As the respondent no. 1 has already
appeared before this court and the respondent
no. 2/ the owner of offending vehicle did not
contest the appeal from the very initial stage and
the claim was decided by the learned Tribunal ex
parte against the respondent no. 2/the owner of
the offending vehicle. Accordingly, service upon
the respondent no. 2 is dispensed with for the
time being.
Accordingly, the appeal is formally admitted
and registered.
Call for the lower court records.
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.
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.
Liberty to mention, if the appeal be ready in
all respect, for early hearing.
( Ajay Kumar Gupta, J. )
