Calcutta High Court (Appellete Side)
Nibedita Sardar & Ors vs United India Insurance Co. Ltd. & ... on 25 September, 2023
25.9.2023
Item No. 31
BR
FMAT 255 of 2019
With
CAN 1 of 2023,CAN 2 of 2023
Nibedita Sardar & Ors.
-vs-
United India Insurance Co. Ltd. & anr.
Mr. Ashique Mondal
.... For the appellant
Ms. Sucharita Paul
... for the insurance co.
Affidavit of service filed in Court today is
taken on record.
Mr. Mondal, learned advocate appears for
the appellant and Ms. Sucharita Paul, learned
advocate appears for the insurance company.
CAN 1 of 2023
. Learned advocate moved two applications
being CAN 1 of 2023 and CAN 2 of 2023.
Learned advocate submits that during
pendency of this appeal petitioner nos. 3 and 4
attained their majority. So their name may be
corrected in the cause title. Heard and on
2
perusal of the application as well as documents
appended with the application it appears both
the appellants 3 and 4 attained their majority.
Accordingly, CAN 1 of 2023 is, thus,
disposed of.
Department is directed to take
appropriate steps to correct the cause title of
the memo of appeal. Learned Advocate also
submits Vakalatnama has already been
obtained from the appellant nos. 3 and 4. He
undertakes to file the Vakalatnama in course
of the day before the department.
CAN 2 of 2023.
He also moved the CAN 2 of 2023
application for condonation of delay of 327 days
in filing the appeal. He also refers to paragraphs
5 to 13 to show the sufficient cause for not
filing the appeal within 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.
Heard and on perusal of the application it
appears that the cause shown by the appellant
is sufficient and accepted. Let the delay be
condoned.
Accordingly, CAN 2 of 2023, is, thus
disposed of.
FMAT 255 of 2019.
The appeal has filed against the
judgment and award dated 7th January, 2018
passed by learned Judge, Additional District
Judge, 3rd Court, South 24-Parganas at Alipore
in MACC No. 131 of 2012 (CIS MACC No. 1246
of 2016), thereby the Learned Tribunal has
awarded Rs. 6,96,500/- together with interest
@ 9% p.a. thereon from the date of passing
award till realization on contest against the
respondents /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 two
weeks 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.
Parties are given liberty to mention, if
the case is ready in all respects, for early
hearing.
( Ajay Kumar Gupta , J. )
