Nurjahan Khatoon And Others vs Cholamandalam Ms General ...
2022 Latest Caselaw 5531 Cal

17th August, 2022
  (D/L No.19)
   Ct.No.14
     (SKB)

                                         FMA 891 of 2022

                                Nurjahan Khatoon and others
                                          Versus
                            Cholamandalam MS General Insurance
                                Company Limited and another

                                Mr. Subir Banerjee,
                                Mr. Sandip Bandyopadhyay,
                                Mrs. Ruxmini Basu Roy
                                           ... for the appellants/claimants.

                                Mr. Soumalya Ganguli
                                ... for the respondent/Insurance Company.

This appeal has been preferred against the

judgment and award passed by the learned Judge,

Motor Accident Claims Tribunal, Fast Track, 1st Court,

Islampur, Uttar Dinajpur in MAC Case No.69 of 2019.

As the office report shows, this appeal has been

filed within the statutory period. However, the appeal

has already been registered formally.

                         Learned         lawyer      appearing            for        the

                    appellants/claimants     submits      that    copies        of   the

                    pleadings   and   the    certified   copies      of    oral      and

documentary evidence as adduced before the Tribunal

are lying with him and if the court directs, the claimants

may prepare the requisite number of paper books. On

such score, learned lawyer submits that calling for the

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

Since the appellants undertake to prepare the

requisite number of paper books containing all the

relevant papers/documents, the calling for the L.C.R.

may be dispensed with. Accordingly, calling for the

L.C.R. stands dispensed with.

The appellants are directed to prepare three sets of

informal paper books containing all the relevant

papers/documents - typewritten, cyclostyled or printed

out of court - and file one set of paper book in court

within ten days from date. The appellants are directed

to serve one set of paper book upon the learned lawyer

appearing for respondent no.1 immediately after

preparation of the paper books.

Since the respondent no.2, Rafit Ali, the owner of

the offending vehicle, did not appear before the learned

Tribunal to contest the claim case even after service of

notice upon him, service of notice of appeal upon

respondent no.2 stands dispensed with.

In view of the above, the appeal may be taken up

for hearing.

Let the appeal be listed under the heading Hearing

on 16th September, 2022.

(Rabindranath Samanta, J.)