Sagarika Patra & Ors vs Royal Sundaram Alliance Co. Ltd.&
2023 Latest Caselaw 5931 Cal

05.09.2023
Item No. 37
BR


                        FMAT(MV) 310 of 2022
                                 With
                         IA No. CAN 1 of 2022

                       Sagarika Patra & Ors.
                                -vs-
                Royal Sundaram Alliance CO. Ltd.&
                               anr.

              Mr. Sudarshan Dutta
                             .... For the appellants

              Mr. Rajesh Singh
                         .... For the insurance co.

                              CAN 1 of 2022


                           Learned advocate           appearing for the
              appellants     moved         an       application        for
              condonation of delay of 35 days and prays for
              condonation         of    delay.       He      also   refers
              paragraphs 4, 5, 7 and 8 of the application
              showing the     cause        for not filing an appeal
              within time.
                                          Learned advocate for the
              respondent no. 1/insurance company raised

formal objection.

Heard, on perusal of the application it appears the cause shown by the appellants is sufficient and accepted. Furthermore, the act is beneficial piece of

legislation. So delay of 35 days can be condoned.

Accordingly, the CAN 1 of 2022 is thus allowed and disposed of.

FMAT (MV) 310 of 2022

The appellants have filed this appeal

against the judgment and award dated 21 st

December, 2021 passed by Learned Additional

District and Sessions Judge & MACT 5 th

Additional Court, Purba Bardhaman in MACC

No. 18 of 2016 thereby the Learned Tribunal

has awarded compensation Rs. 30,25,836/-

together with interest @ 8% p.a. thereon from

the date of filing of the application till

realization on contest against the respondents

no. 1/insurance company 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. Department is directed to register the

same.

Call for the lower Court Record.

Department is directed to take effective

steps for bringing the lower Court records from

the learned tribunal within two weeks.

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.

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 out of Court as

learned advocate submits he has all relevant

papers and documents..

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. )