Sri Kartick Barman vs The National Insurance Company ...
2023 Latest Caselaw 6499 Cal

25.09.2023
Sl.No. 41
Ct.No. 32
Amalranjan
                        FMAT 886 of 2019
                               With
                 CAN 1/2019 (Old CAN 12044/2019)
                               With
                 CAN 2/2019 (Old CAN 12045/2019)

                         Sri Kartick Barman
                                  Vs.
             The National Insurance Company Ltd. & anr.

                  Mr. Krishanu Banik.........for the appellant

                  Mr. P.K. Pahari
                                           ...for the respondent no. 1

Re: CAN 1/2019 (Old CAN 12044/2019)

Affidavit of service filed by the appellant is

taken on record.

Mr. Pahari, learned advocate appears on

behalf of the respondents.

Heard both sides.

It appears from the application for

condonation of delay that there are 11 days of

delay in preferring the appeal and the cause

shown in the said application is satisfactory and

accepted. Accordingly, the condonation of delay

is hereby condoned.

The application being CAN 1/2019 (Old

CAN 12044/2019) is, thus, disposed of.

Learned advocate appearing on behalf of the

appellant submits that there is another

application being CAN 2/2019 (Old CAN

12045/2019) is pending where the appellant

praying for additional evidence at this appellate

stage that is also required to be heard.

Accordingly, let the matter be fixed for

hearing on 3rd October, 2023 under the heading

"Application".

In the meantime, the appellant is directed to

serve the copy of application upon the

respondent no. 1 and in respect of service of

notice upon the respondent no. 2 is dispensed

with since respondent No.2/ owner of the

offending vehicle did not contest the case before

the learned Tribunal from the beginning and

judgment of award passed against him ex parte.

Let the matter be listed on 3 rd October,2023

under heading "Application".

(Ajay Kumar Gupta, J. )