Bajaj Allianz General Ins. Co.Ltd vs Ruma Sen & Ors
2022 Latest Caselaw 7901 Cal

29.11.2022
SL No. 7
Ct No. 654
  Sk


                        F.M.A. 28 of 2022
                          CAN 3 of 2022
                 Bajaj Allianz General Ins. Co.Ltd.
                               vs
                        Ruma Sen & Ors.
                               With
                            C.O.T. 51 of 2021
                            Ruma Sen & Anr.
                                vs
                   Bajaj Allianz General Ins. Co.Ltd.

              Mr. Rajesh Singh
                              ...for the appellant.

              Sk. Abu Abbas Uddin
              Ms. Nahid Rahman
                     ...for the respondents.

This matter is appearing under the heading

"To be Mentioned"

This appeal was heard in full on 23.9.2022

and the judgment was reserved.

Upon perusal of the records it appears that

no steps was taken for effecting service of notice of

appeal of respondent no.3-owner of the offending

vehicle.

Since the appellant-insurance company has

taken one of the 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-insurance company is

directed to serve notice of appeal upon respondent

no.3-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.)