Subhendu @ Shubhendu Banerjee vs National Insurance Company ...
2022 Latest Caselaw 7208 Cal

     3
29.09.2022
Ct. No.238
  AKG.
                       IN THE HIGH COURT AT CALCUTTA
                          CIVIL APPELLATE JURICTION
                                APPELLATE SIDE

                            FMAT (MV) 378 of 2022

                       Subhendu @ Shubhendu Banerjee
                                      Vs.
                  National Insurance Company Limited & Ors.




                    Mr. Ali Imam Shah
                                        ... For the appellant/claimant



                    This appeal has been preferred to impugn the

             judgment and order dated 31 st May, 2022 passed by

             learned Judge, Motor Accident Claims Tribunal - cum - 1 st

             Court of Additional District Judge, Durgapur, Paschim

             Bardhaman in M.A.C. Case No. 20 of 2013, whereby the

             claim application has been dismissed.

                    Mr. Ali Imam Shah, learned advocate appearing for

             the appellant/claimant submitted that here, the learned

             Court below has committed error in holding that the said

             vehicle was not involved in the accident. He also submits

             that there was documentary evidence from which it could

             have been decided that the vehicle was very much involved

             and award was required to be passed.

                    Heard Mr. Shah and perused the order impugned.

             On such hearing and perusal, it appears that the appeal is
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required to be heard and decided on merits. Accordingly,

the appeal is admitted.

       Let the Lower Court Records be called for through

special messenger at the cost of the appellant. Such costs

shall be deposited by the appellant within one week after

the vacation.

       Immediately after arrival of the Lower Court

Records, the office shall examine the same, and if found

complete, shall issue notice of arrival of Lower Court

Records to the learned advocate appearing for the

appellant.

       The appellant is directed to prepare requisite

number of informal paper books-printed, type written or

cyclostyled, as the case may be, out of Court within two

weeks from the date of service of notice of arrival of Lower

Court Records and to file the same after serving copies

thereof upon the respondents.

Liberty to mention.

(Partha Sarathi Chatterjee, J.)