Bajaj Allianz General Insurance ... vs Sunanda Banerjee & Anr
2021 Latest Caselaw 6537 Cal

 1    21.12.
AGM   2021
RKB
 Ct
                             FMAT 1036 of 2017
07                                  With
                  IA NO: CAN/1/2017(Old No:CAN/9589/2017),
                     CAN/2/2017(Old No:CAN/10128/2017)


                      Bajaj Allianz General Insurance Company Ltd.
                                              VS
                                 Sunanda Banerjee & Anr.


                        Mr. Rajesh Singh,
                                                    ...for the appellant
                        Mr. Ashique Mondal, ,
                                 ... for the respondent No. 1/claimant.

The matter has appeared today in the list under

the heading "To Be Mentioned" upon mentioning.

This is an appeal preferred by the

appellant/insurance company, challenging the award

granted in this case, on a claim under Section 163A

of Motor Vehicles Act. The award is said to be

disproportionate with the statutory requirements

available under Section 163A of the Motor Vehicles

Act.

Mr. Ashique Mondal learned advocate for the

respondent No.1/claimant proposes for enhancement

of the quantum of the award without any COT being

filed.

Since the Trial Court in the judgment

impugned has disbelieved the disablement certificate

issued by the private doctor, upon holding that there

was no permanent disablement, this court finds the

necessity to call for the Lower Court Records for the

perfect adjudication of this appeal.

Let the Lower Court Records be called for.

Department is directed to take steps

accordingly for the purpose.

The matter be listed for hearing of this appeal

after receipt of the Lower Court Records.

Liberty to mention for inclusion in the list after

arrival of the Lower Court Records.

(Subhasis Dasgupta, J)