4 vs The Divisional Manager
2022 Latest Caselaw 5992 Cal

Ct.   26.8                     F.M.A. 197 of 2019
No.
      2022                        Ruksana Bibi & Anr.
14
                                         -Versus-
                The Divisional Manager, National Insurance Co. Ltd. & Anr.
 1
akb
             Mr. Subir Banerjee
             Mr. Sandip Bandyopadhyay         ...For the Appellants
                                               Claimants

             Mr. Sanjay Paul                  ...For the Respondent No. 1

Insurance Co.

This appeal has been preferred against the judgment and award dated passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track Court-II, Raiganj, Uttar Dinajpur in MAC Case No. 90 of 2014. Since the appeal has been filed with the statutory period, the appeal has already been registered formally.

Learned Lawyer appearing for the appellants submits that if the Court permits the appellants may prepare requisite number for informal paper books. On such score, learned Lawyer submits that calling for the LCR may be dispensed with for the time being.

Learned Lawyer appearing for the respondent No. 1 Insurance Company submits if the informal paper books contain all the relevant papers/documents in that event he will have no objection, if calling for the LCR stands dispensed with.

The appellants are directed to prepare three sets of informal paper books - 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 another set of paper book will be supplied

to the learned Lawyer who represent the contesting respondent soon thereafter.

In view of the above, calling for the L.C.R. stands dispensed with for the time being.

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

Let the appeal be listed 'for hearing' on September 12, 2022.

( Rabindranath Samanta, J.)