Lipika Das And ORS v. Icici Lombard General Insurance Company Limited And ANR

18.02.2025 Ct. 3 D/L 18 sk CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CIVIL REVISIONAL JURIDICTION APPELLATE SIDE C.O. 38 of 2024 Lipika Das & Ors.

-VS- ICICI Lombard General Insurance Co. Litd. & Anr. ,, Mr. Uday Kumar Sarkar Mr. Kallol Majumder ... for the petitioner Affidavit of service filed by the petitioner is taken on record.

In spite of due service of notice, no one is appearing for the opposite party.

The petitioner is represented.

It is submitted that for reasons unknown, prayer of the petitioner before the Tribunal, for grant of compensation under the Motor Vehicles Act is still pending since after its filing of the case on July 2, 2020.

Mr. Sarkar, learned advocate for the petitioner has submitted categorically that on May 3, 2024, the opposite party/Insurance Company has filed the petition before the Tribunal under Section 151 of the CPC, seeking adjournment of the case. Since thereafter allegedly the proceeding before the

Tribunal in the said case i.e. MAC Case No. 181 of 2020 has been adjourned sine die for no justifiable reason.

Learned advocate for the petitioner has submitted about the prejudice suffered by the petitioner for the Tribunal sitting tight over the entire proceeding for so long.

Heard submissions.

In spite of service, no one appears to contest as to the petitioner's prayer, today.

It is found proper to direct the MAC Tribunal, learned Additional District Judge, 2nd Fast Track Court at Jalpaiguri, to proceed with the MAC Case No. 181 of 2020 and conclude the same by delivery of judgment as expeditiously as possible but not beyond the period of six months from the date of receipt of copy of this order.

In doing so, the Tribunal shall not grant any unnecessary adjournments to any of the parties. The civil revision is disposed of with the direction as above.

( Rai Chattopadhyay, J.)