25.07.2025 Ct. No.33 Sl. No.17 cm FMAT(MV) 678 of 2024 CAN 1 of 2024 CAN 2 of 2025 The Manager, New India Assurance Co. Ltd.

Vs.

Jiban Kumar Modak & Anr.

Mr. Avishek Das … for the appellant/insurance company In RE: CAN 1 of 2024 The learned advocate for the appellant/insurance is present. He has filed affidavit of service. Let the same be kept on record.

Despite service of notice, none appeared to represent the respondents.

The Learned Registrar Administration ( L &

OM) is to instruct the concerned police station to serve notice along with memo of appeal upon the respondents intimating the next date of hearing and file a compliance report to that effect on the next date.

Section 5 of the limitation Act has been taken up for hearing. From the record it reveals that there is a delay of 404 days.

Considering the averments made in the view of the beneficial legislative intent the delay of

404 days in filing the instant case is condoned. The application being CAN 1 of 2024 is allowed.

The Department is directed to register the appeal.

Call for the lower court records.

Re: CAN 2 of 2025 The learned advocate for the appellant/insurance company submits to have deposited the statutory amount of Rs. 25,000/- vide challan No. 2508 dated 17^th December, 2024. Let the same be kept on record.

The learned advocate for the appellant has filed CAN 2 of 2025 with a prayer to deposit a sum of Rs.5,60,741/- before the office of the learned Registrar General, High Court at Calcutta with a deduction of Rs. 25,000/- which has been the statutory amount deposited at the time of institution of the instant appeal. Let the said challan be kept on record.

The appellant is granted four weeks time period to deposit the aforesaid amount before the at Calcutta.

Calcutta is directed to deposit the said amount in a Nationalized Bank in an auto renewable fixed deposit for a temporary period till the disposal of the instant appeal.

Next date be fixed on 19^th September, 2025.

The interim stay of the impugned judgment and order dated 12^th February, 2024 passed by the Learned Judge, Motor Accident Claims Tribunal cum 4^th Court, Krishnanagar, Nadia in M.A.C. Case No. 42 of 2008 be stayed till further orders of the instant appeal .

Copy of the order be communicated to the

Calcutta for information and necessary action.

(Ananya Bandyopadhyay, J.)