JUDGMENT

CAN 11532 of 2017

1. Sufficient grounds have been made out for explaining delay in filing of the instant FMAT1273 of 2017. Hence, the delay is hereby condoned. Accordingly, CAN 11532of 2017 is allowed and disposed of.

The appeal is admitted.

CAN 1615 of 2019

2. Sufficient grounds have been made out for explaining delay in filing of FMAT 578 of 2019. Hence, the delay is hereby condoned and the appeal is admitted. Accordingly, CAN 1615 of 2019 is allowed and disposed of. The appeal is admitted.

3. By consent of the parties, the two appeals being FMAT 1273 of 2017 and FMAT 578 of 2018 are treated as on days list and taken up for hearing.

4. The two appeals are directed against the judgment and award dated 09.08.2017 passed by the Motor Accident Claims Tribunal, 5t h Court, Fast Track Court at Alipore, South 24 Parganas in MACC No. 09/10.

5. The brief facts of the case are that on 22.08.2009, at about 7.30 hours in the evening, the Claimant Anindita Kushari was traveling by private bus. The bus was passing along Hemchandra Naskar Road, Kolkata from East to West. When it reached Rabindra Cabin Bus Stop, the Claimant was getting off from the said bus, when the driver in a rash an