National Insurance Co.Ltd vs Kusum Agarwal & Ors
2022 Latest Caselaw 7902 Cal

29.11.2022
SL No. 5
Ct No. 654
  Sk


                   F.M.A. 122 of 2018
               CAN 2 of 2018(Old No. CAN 9148 of 2018)
               CAN 3 of 2019(Old No.CAN 2345 of 2019)

                       National Insurance Co.Ltd.
                                vs
                          Kusum Agarwal & Ors.


              Mr. Rajesh Singh
                              ...for the appellant.

                       This matter is appearing under the heading

             "To be mentioned".

                       This matter was heard in full on 31.10.2022

             and the judgment was reserved.

                       Mr. Rajesh Singh, learned advocate appears

             for appellant-insurance company.

                       None appears for respondents-claimants.

By an order dated 9.1.2018 appellant-

insurance company was directed to put in requisite

for service of notice of appeal upon respondent no.

4-owner of the offending vehicle. The appellant-

insurance company in compliance thereof has put in

talabana alongwith written up notice forms for

service upon respondent no. 4-owner of the

offending vehicle vide filing no. A-728 dated

12.1.2018. The notice thereafter has been issued to

respondent no. 4-owner of the offending vehicle vide

Memo no. 1482-FMA dated 9.7.2018. However the

department has not submitted any report with

regard to service of such notice upon respondent no.

4-owner of the offending vehicle.

Accordingly, department is directed to

furnish report regarding service of notice of appeal

upon respondent no. 4-owner of the offending

vehicle positively by the next date fixed.

Let the matter appear on 7.12.2022.

(Bivas Pattanayak J.)