Firoja Begum & Anr vs National Insurance Co. Ltd. & Anr
2023 Latest Caselaw 6537 Cal

26.9.2023
Ct. 655                      FMAT(MV) 371 of 2022
amr                                With
Item 17                         CAN 1 of 2022

                            Firoja Begum & Anr.
                                     -vs.-
                      National Insurance Co. Ltd. & Anr.




            Mr. Ashique Mondal

                                    .....   For the Apellant.

                               Re: CAN 1 of 2022


                     The instant appeal is preferred against the

            Judgment and Award dated 28.04.2022 passed by the

            learned Judge Motor Accident Claims Tribunal, Additional

            District Judge, 10th Court, Alipore, 24-Parganas (South)

            in connection with MAC Case No. 83 of 2014 filed under

            Section 166 of the Motor Vehicles Act, 1988.

                     As per the report of the Stamp Reporter dated

            11.8.2022, the appeal is preferred causing five days'

            delay.

                     It is submitted on behalf of the appellant that

            they were prevented by sufficient cause for not preferring

            this appeal within the statutory period of limitation. The

            ground shown in the application is satisfactory and

            accordingly the period of limitation for preferring the

            instant appeal is hereby condoned.

                     The application being CAN 1 of 2022 stands
                         2




disposed of.

          The appeal is formally admitted and registered.



                  FMAT (MV) 371 of 2022

          The lower court records are required to be called

for. Department is directed to take effective steps for

bringing the lower courts records from the learned

tribunal within a period of two weeks from date. The

appellant is directed to deposit special messenger costs

for bringing the lower court records in course of this day.

          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 the learned advocate for the appellant.

          After arrival of lower court records, learned

advocate for the appellant shall prepare and file requisite

numbers of informal paper books incorporating all

relevant papers and documents including pleadings and

evidence, both oral and documentary, in printed or

cyclostyled or typewritten form within a period of four

weeks from date of service of notice of arrival of lower

court records.



          The appellant is directed to deposit Talabana

costs together with written up notice forms for causing

service   of   notice       of   appeal   upon   the   respondent

no.1/insurance company. It is submitted on behalf of the

learned counsel for the appellant that the respondent no.

2/owner of the offending vehicle did not contest the case

so he prays for dispensing with service of notice of appeal

upon him. The prayer for dispensing of service of notice is

hereby dispensed with.

List the matter after ensuing puja vacation.

(Prasenjit Biswas, J.)