Malati Devi vs The New India Assurance Co.Ltd. ...
2023 Latest Caselaw 5838 Cal

01.09.2023
Item No. 42
BR


                       FMAT 620 of 2019
                             With
              CAN 1 of 2019 (Old No. CAN 10321 of
                             2019 )

                          Malati Devi
                              -vs-
              The New India Assurance Co.Ltd. and
                             Ors..

                     Mr. Saidur Rahman

                             ... for the appellant

                     Mr. Sanjay Paul,
                     Ms. Jaita Ghosh
                      ... for the respondent 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 40 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

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 time 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

thus disposed of.

FMAT 620 of 2019

The appellants have filed this

appeal against the judgment and award

dated 16.01.2019 passed by the

Commissioner, Employees Compensation

(3rd Court ), West Bengal in Claim Case

No. 450 of 2008 thereby the

Commissioner dismissed against

Respondents without costs.

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 Record.

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

respondents.

Parties are given liberty to

mention, if the case is ready in all

respects, for early hearing.

( Ajay Kumar Gupta , J. )