Anil Kumar Routh vs National Insurance Insurance Co. ...
2023 Latest Caselaw 6486 Cal

25.09.2023
Sl.No. 61
Ct.No. 32
Amalranjan
                        FMAT 316 of 2020
                              With
                          CAN 1/2023

                      Anil Kumar Routh
                             Vs.
        National Insurance Insurance Co. Ltd. and anr.

               Mr. Ashique Mondal
                                           .........for the appellant

               Mr. M.P. Chakraborty....for the respondent no.1

Re: CAN 1/2023

Affidavit of service filed in court is taken on

record.

Heard learned advocates appearing on

behalf of the parties.

It appears from the application for

condonation of delay that there are 155 days of

delay in preferring the instant appeal. He also

refers in paragraph nos. 5, 13 - 14 to show

sufficient cause for not preferring the appeal in

time as prescribed under Section 173 (1) of the

Motor Vehicles Act, 1988.

On the other hand, Ld advocate appearing

on behalf of the respondent No.1 opposes the

prayer for condonation of delay.

The cause shown by the appellant in the

said application is sufficient and accepted.

Accordingly, the condonation of delay is

condoned.

The application being CAN 1/2023 is, thus,

disposed of.

Re: FMAT 316 of 2020

The appellant has filed this appeal against

the judgment of award dated 10.07.2019 passed

by the learned Judge, Motor Accident Claim

Cases Tribunal -cum - Additional District Judge,

Fast Track 2nd Court, Sealdah, South 24

Parganas in MACC No. 32/2008, thereby the

learned tribunal awarded compensation to the

tune of Rs. 30,000/- to the claimant under

Section 166 of the Motor Vehicles Act.

The grounds set forth by the appellant are

good grounds for hearing of the appeal.

Accordingly, the appeal is formally admitted

and registered.

Call for the lower court record.

The appellant is ready to bear the cost of

special messenger. Such cost is to be paid within

one week from date.

Office is directed to take appropriate steps

to bring the lower court record within two weeks

after depositing of the special messenger cost

and verified the same and if it is found complete

and in order, notice to be served upon the

learned advocate appearing on behalf of the

appellant for arrival of the lower court record.

The appellant is directed to prepare the

informal paper books appending the necessary

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.

The appellant is further directed to deposit

Talabana cost along with written up notice for

service upon the respondentNo.1.

As the respondent no. 2 the owner of

offending vehicle did not contest the appeal from

the very beginning before the learned Tribunal.

Hence, service of appeal is dispensed with for the

time being.

Liberty to mention, if the appeal be ready in

all respect, for early hearing.

( Ajay Kumar Gupta, J. )