4 vs The Orintal Insurance Co. Ltd. & ...
2022 Latest Caselaw 5833 Cal

Ct.   24.8                     F.M.A. 816 of 2021
No.
      2022                      Puspo Hembroom & Ors.
14
                                         -Versus-
                          The Orintal Insurance Co. Ltd. & Anr.
 1
akb
             Mr. Subir Banerjee
             Mr. Sandip Bandyopadhyay         ...For the Appellants
                                               Claimants

             Mr. Ananda Gopal Mukherjee       ...For the Respondent No. 1

Insurance Co.

This appeal has been preferred against the judgment and award dated September 25, 2020 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track Court-II, Islampur, Uttar Dinajpur in MAC Case No. 38of 2019.

Since, the appeal has been filed within the statutory period, the appeal has already been registered formally.

Learned Lawyer appearing for appellants / claimants submits that copies of the pleadings and certified copies of the oral and documentary evidence as adduced before the learned Tribunal are lying with him and if the Court directs his clients, the appellants may prepare requisite number of informal paper books.

Since, the informal paper books to be prepared will contain all the relevant papers/documents, I feel that there is no need to call for the LCR. Therefore, calling for the L.C.R. stands dispensed with for the time being.

The appellants are given liberty to prepare three sets of informal paper books containing pleadings and copies of certified copies of the oral and documentary evidence as adduced before the learned Tribunal - printed, typewritten

or cyclostyled, as the case may be - out of court, within seven days from the date.

After preparation, one set of paper book will be filed in Court and the another set of paper book will be supplied to the learned Lawyer appearing for the respondent No. 1, Insurance Company soon thereafter.

What I find from the impugned judgment, the respondent No. 2, owner of the offending vehicle, despite service of notice upon him, did not contest the claim application. That being so, service of notice of appeal upon the respondent No. 2 stands dispensed with.

Let the matter appear in the list 'for hearing' on September 07, 2022.

( Rabindranath Samanta, J.)