Raisuddin Sk vs M/S. Oriental Insurance Co. Ltd.& ...
2022 Latest Caselaw 8533 Cal

20.12.2022
SL No. 4
Ct No. 654
  Sk


                      F.M.A. 555 of 2018

                       Raisuddin Sk.
                            Vs
                  M/s. Oriental Insurance Co. Ltd.& Anr.


              Ms. Sima Ghosh
                          ....for the appellant.

              Mr. Sanjay Paul
                    .......for respondent

This appeal is directed against the judgment and

award dated 10 August 2016 passed by learned

Additional District Judge cum Judge, Motor

Accident Claims tribunal, 4th Court, Murshidabad in

M.A.C Case no. 400 of 2012 under Section 166 of

the Motor Vehicles Act, 1988.

As per report of Stamp Reporter dated 10.1.2017 the

appeal is preferred within the statutory period of

limitation.

Accordingly, appeal is formally admitted and

registered.

It appears that lower court records have been

received and found to be complete.

Ms Sima Ghosh, learned advocate for appellant-

claimant undertakes to prepare informal paper

books.

Mr Sanjay Paul, learned advocate appears for

respondent no.1-insurance company.

Learned advocate for appellant-claimant is directed

to prepare and file requisite numbers of informal

paper books incorporating all relevant papers and

documents including pleadings, both oral and

documentary evidence in printed, cyclostyled or

typewritten form within a period of four weeks from

date.

Learned advocate for appellant-claimant submits for

dispensing with service of notice of appeal upon

respondent no.2-owner of the offending vehicle as he

did not contest the claim application before the

learned tribunal. It appears from the impugned

judgment that the respondent no.2-owner of the

offending vehicle did not contest the claim

application before the learned tribunal. In the

aforesaid backdrop service of notice of appeal upon

respondent no.2 -owner of the offending vehicle is

dispensed with.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)