Icici Lombard General Insurance ... vs Jagannath Ojha And Another
2022 Latest Caselaw 5525 Cal

17th August, 2022
  (D/L No.16)
   Ct.No.14
     (SKB)

                                     FMA 382 of 2022
                                            With
                                  COT 9 of 2022 (not in file)

                           ICICI Lombard General Insurance Co. Ltd.
                                            Versus
                                  Jagannath Ojha and another

                                Mr. Parimal Kumar Pahari
                                                    ... for the appellant.

                                Mr. Subir Banerjee,
                                Mr. Sandip Bandyopadhyay,
                                Ms. Ruxmini Basu Roy
                                          ... for the claimant/respondent.

This appeal has been preferred against the

judgment and award dated 30th March, 2021 passed by

the learned Judge, Motor Accident Claims Tribunal,

Fast Track, 1st Court, Contai, Purba Medinipur in MAC

Case No.02 of 2015.

Since the appeal has been filed within the

statutory period, the appeal has already been registered

formally.

Learned lawyer appearing for the respondent

no.1/claimant submits that the copies of the pleadings

and the certified copies of oral and documentary

evidence as adduced before the learned Tribunal are

lying with him and if the court directs, his client may

prepare the requisite number of informal paper books.

On such score, learned lawyer submits that calling for

the L.C.R. may be dispensed with for the time being.

Learned lawyer appearing for the appellant

submits if the paper books contain all the relevant

papers/documents, in that event, calling for the L.C.R.

may be dispensed with for the time being.

The respondent no.1/claimant is directed to

prepare three sets of informal paper books - typewritten,

cyclostyled or printed out of court - containing all the

relevant papers/documents and file one set of paper

book in court within ten days from date. The

respondent no.1/claimant is directed to serve one set of

paper book upon the learned lawyer appearing for the

appellant.

In view of the above, calling for the L.C.R. stands

dispensed with for the time being.

Since the respondent no.2 despite service of notice

upon him did not contest the claim case, the service of

notice of appeal upon the respondent no.2, owner of the

offending vehicle, stands dispensed with.

Learned lawyer appearing for respondent no.1 has

submitted that his client has preferred one Cross

Objection being COT 9 of 2022.

As I find from the office note, the COT is lying in

S.R. Section.

The department is directed to tag the Cross

Objection being COT 9 of 2022 with the file within seven

days from date.

Let the appeal and the Cross Objection being COT

9 of 2022 be listed for hearing on 9th September, 2022.

(Rabindranath Samanta, J.)