Bajaj Allianz General Insurance ... vs Smt. Lilam Debi Sah @ Shah & Ors
2023 Latest Caselaw 5982 Cal

06.09.2023                    IN THE HIGH COURT AT CALCUTTA
  Ct. no.654                   CIVIL APPELLATE JURISDICTION
  D/L 260
    ab                                      ,,




                                   FMAT 719 of 2017
                                          With
                        CAN 1 of 2017 (Old No. CAN 7082 of 2017)
                                          With
                        CAN 2 of 2017 (Old No. CAN 7105 of 2017)
               ,




                         Bajaj Allianz General Insurance Co. Ltd.
                                           Vs.
                           Smt. Lilam Debi Sah @ Shah & Ors.
               ,,




               Mr. Rajesh Singh
                                       ... for the appellant-insurance company

               Mr. Sayan Chattopadhyay,
               Ms. Esha Das
                          ... for the respondent nos. 1 and 2-claimants

Re: CAN 1 of 2017 (Old No. CAN 7082 of 2017) (Section 5)

This is an application for condonation of delay

under Section 5 of the Limitation Act in preferring the

present appeal.

Mr. Rajesh Singh, learned advocate for the

appellant-insurance company submits that for completion

of official formalities, there has been delay of 276 days in

preferring the appeal. He seeks for condonation of such

delay.

Mr. Sayan Chattopadhyay, learned advocate for the

respondent nos. 1 and 2-claimants does not raise any

objection.

As per the report of the Stamp Reporter dated 23rd

October, 2017, there is delay of 276 days in preferring the

appeal. It is contended in the application that for taking

necessary steps, there has been delay in preferring the

appeal. The cause shown is sufficient to condone such

delay. Accordingly, delay of 276 days in preferring the

appeal stands condoned.

The application for condonation of delay being CAN

1 of 2017 (Old No. CAN 7082 of 2017) stands disposed

of.

Accordingly, the appeal is formally admitted and

registered.

Re : FMAT 719 of 2017

This appeal is preferred against the judgment and

award dated 17th June, 2016 passed by the learned

Judge, Motor Accident Claims Tribunal, Fast Track

Court-II, Jalpaiguri in MAC Case No. 212 of 2008 under

Section 163A of the Motor Vehicles Act, 1988.

Mr. Sayan Chattopadhyay, learned advocate for the

respondent nos. 1 and 2-claimants submits that all the

relevant papers are with him and as such, calling for of

lower court records be dispensed with at present and he

undertakes to prepare informal paper books.

Mr. Rajesh Singh, learned advocate for the

appellant-insurance company concedes to such

submissions.

In view of submissions advanced on behalf of the

respondent nos. 1 and 2-claimants, calling for of lower

court records is dispensed with for the time being.

Learned advocate for the respondent nos. 1 and 2-

claimants is directed to prepare and file three sets of

informal paper books incorporating all relevant papers

and documents including the pleadings and evidence,

both oral and documentary, in printed or typewritten or

cyclostyled form, as the case may be, out of court, within

a week from date.

Mr. Rajesh Singh, learned advocate for the

appellant-Insurance Company also submits for

dispensing with service of notice of appeal upon the

respondent Nos. 3, 4 and 5, since the respondent nos. 3

and 4 did not contest the claim application and no relief

has been sought for against the respondent no. 5. In view

of the aforesaid submissions, service of notice of appeal

upon the respondent nos. 3, 4 and 5 stands dispensed

with.

Since the respondent nos. 1 and 2-claimants have

already entered appearance, service of notice of appeal

upon the said respondents also stands dispensed with.

Let the matter appear under the heading "Hearing"

on 18th September, 2023.

                    <                (Bivas Pattanayak, J.)