Arindam Das vs National Insurance Company Ltd. & ...
2023 Latest Caselaw 6587 Cal

27.9.2023
Ct. 655                     FMAT(MV) No. 375 of 2022
amr                                  With
Item 12                       IA NO: CAN 1 of 2022

                                   Arindam Das
                                       -vs.-
                     National Insurance Company Ltd. & Ors.


            Mr. Jayanta Banerjee
            Mr. Sandip Bandyapadhyay
            Mr. Arghya Bhattacharyya

                                      .....   For the Appellant.

                                  Re: CAN 1 of 2022


                      Despite service of notice none appears on behalf

            of the respondents/Insurance Company.

The instant appeal is preferred against the

Judgment and Award dated 08.08.2018 passed by the

learned Judge Motor Accident Claims Tribunal, Fast

Track Court, Kalna, Burdwan in connection with M.A.C.

Case No. 19 of 2015 filed under Section 166 of the Motor

Vehicles Act, 1988.

As per the report of the Stamp Reporter dated

10.01.2022, the appeal is preferred causing 675 days'

delay.

It is submitted on behalf of the appellant that he

was prevented by sufficient cause for not preferring this

appeal challenging the impugned judgment and award

within the stipulated period of time as enshrined in the

Act.

The grounds as assigned by the appellant in his

petition inspires my confidence and I am satisfied that

there was a bonafide delay on the part of the appellant

and due to such bonafide delay, the instant appeal has

not been preferred within the time as stated in the Act.

Accordingly, the instant application praying for

condonation of delay is hereby allowed and the appeal is

formally admitted and registered.

FMAT (MV) 375 of 2022

The lower court records are required to be called

for.

Department is directed to take effective steps for

bringing the lower court records from the learned

Tribunal within 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

within a period of two weeks of such arrival.

After arrival of lower court records, learned

advocate for the appellant shall prepare and file four sets

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 as the case may be out of court within a

period of four weeks from date of service of notice of

arrival of lower court records.

Appellant is directed to take effective steps to

cause service of notice upon the respondents. He is

further directed to deposit Talabana costs together with

written up notice forms for causing service of notice of

appeal upon the respondents. It is submitted by the

learned counsel for the appellant that the respondent no.

3/owner of the case vehicle did not contest the case in the

trial court, so service of notice upon the respondent no. 3

is hereby dispensed with.

Liberty to mention.

(Prasenjit Biswas, J.)