Rabisankar Dan @ Rabisankar Tah vs The New India Assurance Co. Ltd. ...
2023 Latest Caselaw 5899 Cal

04.09.2023
Item No. 08
BR


                         FMAT (MV) 820 of 2019
                                       With
               IA No. CAN 1 of 2019 (Old No. CAN 9171 of
                                   2019)

                  Rabisankar Dan @ Rabisankar Tah
                                       -vs-
              The New India Assurance Co. Ltd. and anr.




              Mr. Ashique Mondal
                             .... For the appellant



                      Affidavit   of    service     filed   by   the

              appellant is taken on record.

                          In spite of service of notice no one

              appears on behalf of the respondent/ insurance

company.

CAN 1 of 2019 Learned advocate appearing for the

appellant moved an application for condonation

of delay of 36 days and prays for condonation of

delay. He also referred to paragraphs 8, 9 and

10 of the application showing the causes for

delay in filing an appeal beyond the period of

limitation.

Heard, on perusal of the application it

appears the cause shown by the appellant is

sufficient and accepted. Furthermore, the act is

beneficial piece of legislation. So delay of 36

days can be condoned.

Accordingly, CAN 1 of 2019 is

allowed and thus disposed of.

FMAT 820 of 2019

The appellant has filed this appeal

against the judgment and award dated 29 th day

of March, 2019 passed by Learned 18th Judge,

Motor Accident Claims Tribunal, South 24-

Parganas in MACC No. 18 of 2018 thereby the

Learned Tribunal has awarded Rs. 3,54,400/-

together with interest @ 6% p.a. from

30.01.2013 thereon on contest against the

respondent no. 1/insurance company and ex

parte against the owner of the offending vehicle.

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 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.)