LAKSHMI BISWAS Vs. CALCUTTA TRAMWAYS CO LTD

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties.

(2.) In the instant case the petitioner, the applicant of a claim case arose out of motor accident whereby her son faced death has assailed the order dated 10 March, 2005 passed by the Learned Additional District & Sessions Judge, Fast Track Court, 6th Court at Alipore having determination to adjudicate the Motor Accident Claim Case sitting as a Tribunal in M.A.C. Case No. 50 of 2004 whereby and whereunder the application praying for withdrawal of the claim case with liberty to sue afresh was rejected save and except the order allowing to withdraw the suit. This order is under challenge herein on the ground that there is a total perversity of the findings of the learned Court below in view of the fact that when the Court himself has considered that there was a defect in quoting the bus number of the offending vehicle owned by the opposite party, the Calcutta Tramways Company, the learned Court below ought to have allowed such application.

(3.) This application has been opposed by the opposite party, the said Tramways Company by contending, inter alia, that in the application filed by the petitioner in the Court below there was no whisper about the defect for which leave was sought for to file afresh on withdrawal of the claim application. It has been further contended referring the order 23 Rule 1 sub-rule (3) of the Code of Civil Procedure that the learned Court below by a reasoned finding reached to the conclusion that there was no formal defect and no sufficient ground to grant such leave to the petitioner to file a fresh suit.