The New India Insurance Co.Ltd vs Rina Ghosh & Ors
2022 Latest Caselaw 6338 Cal

 7.9.2022
 sl. 30 & 31
Ct No. 654
     Sk


                        F.M.A.T. 705 of 2021
                        CAN/1/2022,CAN/2/2022
                                With
                              COT 52 of 2021
                       The New India Insurance Co.Ltd.
                                   vs
                          Rina Ghosh & Ors.

                 Mr. Sanjay Paul
                        ...for the appellant.
                 Mr. Jayanta Kr. Mandal
                          ........for the respondents.

Mr. Jayanta Kr. Mandal, learned advocate

appearing for the respondents/claimants submits

that the claimants have filed a cross objection for

enhancement the compensation awarded by the

learned Tribunal. He further submits that he has also

prepared the informal paper books. The copy of which

has also been served upon the learned advocate for

the appellant-insurance company. Moreover, he

submits for dispensing with calling for lower court

records at present.

Mr. Sanjay Paul, learned advocate appearing for

the appellant-insurance company submits that the

appellant has filed one application for stay of

operation of the impugned judgment and award being

CAN 1/2022. However, as the matter is ready for

hearing he does not intend to move the application at

present.

Mr. Mandal, learned advocate for the

respondents/claimants filed informal paper book. The

informal paper book is taken on record. The calling

for lower court records is dispensed with for the time

being.

Mr. Mandal further submits that the

respondents/claimants will not proceed with the

execution proceedings relating to the instant claim

application as the matter is ready for hearing.

It appears from the impugned judgment of the

learned Tribunal that though respondent no. 5

entered appearance and filed written statement yet

did not contest the claim application and the

application was disposed of ex parte against the

respondent no.5(owner).

In view of the above, the service upon the

respondent no. 5 is dispensed with.

The CAN applications being CAN 1 of 2022 and

CAN 2 of 2022 is not available in the case file.

Let these CAN applications being CAN 1 of 2022

and CAN 2 of 2022 be placed positively on the next

date fixed for hearing.

Let the matter appear on 21st September, 2022.

(Bivas Pattanayak J.)