Bajaj Allianz General Insurance ... vs Rina Mondal & Ors
2022 Latest Caselaw 7900 Cal

29.11.2022
SL No. 4
Ct No. 654
  Sk


                     F.M.A. 1531 of 2017
                   CAN 1 of 2017(Old No. CAN 7104 of 2017)

               Bajaj Allianz General Insurance Co.Ltd.
                               vs
                         Rina Mondal & Ors.


              Mr. Rajesh Singh
                              ...for the appellant.

                     This matter is appearing under the heading

             "To be mentioned".

                     This appeal was heard in full on 18.11.2022

             and the judgment was reserved.

                     Upon perusal of the records it is found that

             the    appellant-insurance        company   deposited

             talabana on two occasions for service of notice of

             appeal upon respondent no.4-owner of the offending

vehicle. However on both the occasions the said

respondent was found absent and the notice was

received by his brother's wife.

Since the appellant has taken a ground in

the appeal that on the relevant date of accident the

driver of the offending vehicle did not have valid and

effective driving licence and prayer has been made

for pay and recovery, hence the appellant is directed

to serve notice of appeal upon respondent no.4-

owner of the offending vehicle by registered speed

post with acknowledgement due and file affidavit of

service on the next date fixed.

Let the matter appear on 9.12.2022.

(Bivas Pattanayak J.)