Rakesh Kumar Sahni @ Sahani vs United India Insurance Co. Ltd. & ...
2023 Latest Caselaw 6589 Cal

27.9.2023
Ct. 655                     FMAT(MV) No. 288 of 2022
amr                                  With
Item 7                        IA NO: CAN 1 of 2023

                         Rakesh Kumar Sahni @ Sahani
                                      -vs.-
                     United India Insurance Co. Ltd. & Anr.


            Mr. Pingal Bhattacharyya
            Ms. Poonam Keshwani
            Mr. Rajdeep Sinha

                                     .....   For the Appellant.

                                Re: CAN 1 of 2023


                      The instant appeal is preferred against the

            Judgment and Award dated 11.08.2021 passed by the

            learned Judge Motor Accident Claims Tribunal, 2nd Court,

            Tamluk in connection with M.A.C. Case No. 46 of

            2016/M.A.C. Case No. 274 of 2016 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 31 days'

            delay.

                      It is submitted on behalf of the appellant that he

            was prevented by sufficient cause for not preferring this

            appeal within the stipulated period of time which was

            neither willful nor deliberate and the appellant was all

            along vigilant with the process of the case.

                      Considering the above all facts, I am satisfied

            that there was bonafide mistake on the part of the
                      2




appellant and it is also taken into consideration that due

to bonafide mistake, the appellant could not prefer the

appeal   within   the    time   as   enshrined   in   the   Act.

Accordingly, I find that there is no impediment to allow

the application praying for condonation of delay.

         The application being CAN 1 of 2023 stands

disposed of.

         The appeal is formally admitted and registered.



               FMAT(MV) 288 of 2022

         Learned advocate for the appellant submits that

all relevant papers are lying with him and as such calling

for lower court records be dispensed with. He undertakes

to prepare informal paper books.

         In view of the aforesaid submissions calling for

lower court records stands dispensed with for the time

being. Learned advocate for the appellant shall prepare

and file three 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 one week from date.

         Appellant is directed to cause service of notice

upon the respondents. He further directed to deposit

Talabana costs together with written up notice form for

effecting service of notice of appeal upon the respondents.

List the matter after two weeks under the

heading 'Hearing'.

Liberty to mention.

(Prasenjit Biswas, J.)