The New Assurance Co.Ltd vs Najima Bibi & Ors
2022 Latest Caselaw 7314 Cal

 3.11.2022
sl No. 21
 Ct No. 654
   Sk


                            F.M.A 929 of 2022
                             1A No. CAN/1/2022
                            The New Assurance Co.Ltd.
                                      Vs
                              Najima Bibi & Ors.

                 Mr. Sanjay Paul
                       ...for the appellant.

                Mr. Ashique Mondal
                              ...for the respondent.

Re:CAN 1 of 2022.

Mr. Sanjay Paul, learned advocate for the

appellant-insurance company submits that in

compliance to order dated 8.7.2022, the appellant-

insurance company has already deposited the entire

awarded sum along with interest and he prays for

making the order of stay absolute till the disposal of

the appeal.

Mr. Ashique Mondal, learned advocate appears on

behalf of the claimants-respondents.

It is found from the report of F.M.A. Section that a

sum of Rs. 21,33,410/- has been deposited with the

registry of this Court vide O.D.Challan No. 1327

dated 26.7.2022. As the appellant-insurance

company has already deposited the entire awarded

sum along with interest in compliance to order dated

8.7.2022, the stay granted on 8.7.2022 is made

absolute till the disposal of the appeal.

Accordingly, CAN 1 of 2022 is disposed of.

Mr. Ashique Mondal, learned advocate for the

claimants-respondents submits that he has got all

the relevant papers and documents and as such the

calling for the lower court records be dispensed with

for the time being.

Mr. Sanjay Paul, learned advocate for the

appellant-insurance company concurs with such

submissions.

Although by order dated 8.7.2022 the lower court

records were called for yet in view of the aforesaid

submissions made on behalf of the parties, the calling

for the lower court records is dispensed with for the

time being.

Mr. Sanjay Paul, learned advocate for the

insurance company submits that the respondent no.

6(owner) of the offending vehicle did not contest the

claim application before the Tribunal and as such

service of notice of appeal of the respondent

no.6(owner) be dispensed with.

It appears from the impugned judgment that

though respondent no.6(owner), appeared before the

Tribunal yet did not contest the claim application and

the case was disposed of ex parte against him. In view

of the above, the service of notice of appeal upon the

respondent no. 6, owner of the offending vehicle is

dispensed with.

Mr. Ashique Mondal, learned advocate for the

respondents submits that he shall prepare the

informal paper books to expedite the matter. By order

dated 8.7.2022 the appellant was directed to prepare

the requisite number of informal paper books but as

the learned advocate for the respondents-claimants is

willing to prepare the informal paper books,

accordingly, he is directed to prepare the informal

paper books in terms of order dated 8.7.2022.

The respondent is directed to prepare the

informal paper books in three sets in printed, type

written or cyclostyled form incorporating all

relevant papers, including pleadings, oral and

documentary evidence by the next date fixed. One

set of such informal paper books be filed in court

and another be served upon the learned advocate

for the appellant.

Let the matter appear on 17th November, 2022.

(Bivas Pattanayak J.)