Nargij Bewa & Ors vs The National Insurance Co.Ltd. ...
2023 Latest Caselaw 5837 Cal

01.09.2023
Item No. 41
BR


                       FMAT 548 of 2019
                              With
               CAN 1 of 2019 (Old No. CAN 8296 of
                             2019 )

                       Nargij Bewa & Ors.
                               -vs-
               The National Insurance Co.Ltd. and
                              anr.

                     Mr. Saidur Rahman

                             ... for the appellant

                     Mr. Parimal Kumar Pahari

                           .... For the insurance co.


                            CAN 1 of 2019

                     This is an application filed under

              Section 173 (1) of the Motor Vehicles Act,

              1988    for seeking condonation of delay

              of 42 days     in preferring the appeal.

              Learned      advocate       also    referred

              paragraphs    2   and   3     of   the   said

              application and prays for condonation of

              delay as the appellant has prevented by
                   2




the sufficient cause for not filing the

appeal within time as prescribed by the

Said Act.

              On the other hand learned

advocate for the insurance company

raised formal objection.

         Heard learned advocate for both

sides.

         On perusal of the application, it

appears that the appellant could not file

the instant appeal within the limitation

as provided in the Act and the caused

shown in the application are sufficient

and accepted.

                 Accordingly, the delay is

condoned.

            CAN 1 of 2019 is, allowed and

accordingly, disposed of.

             FMAT 548 of 2019

         The appellants have filed this

appeal against the judgment and award

dated 14.01.2019 passed by Learned

Judge, Motor Accidents Claim Tribunal,
                     3




5th Court, Nadia in MAC No. 28 of 2015

thereby       the   Learned        Tribunal    has

awarded        Rs. 6,62,000/- and further

directed to pay the same with two

months from the date of Judgment and

Order, in default the entire amount shall

carry @ 9% per annum from the date of

order till full and final realization against

the     respondent           No.     1/insurance

company on contest and ex parte against

the owner of the offending

vehicle/respondent No. 2.

Heard, appellant has made out a

good case for hearing the instant appeal.

Accordingly, the instant appeal is

formally admitted and registered.

Call for the lower Court Records.

The appellant is ready to bear the

special messenger cost within two weeks

from this day.

Accordingly, appellant-claimant is

directed to deposit Special Messenger's

costs for bringing the lower Court

records within a week from date.

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 appellant.

Upon receipt of notice of arrival

learned advocate for appellant-claimant

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

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. )