The National Insurance Co.Ltd vs Nita Rani Ojha & Ors
2023 Latest Caselaw 5069 Cal

16.08.2023               IN THE HIGH COURT AT CALCUTTA
 Ct. no.654               CIVIL APPELLATE JURISDICTION
 Sl. Nos.87
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                                 F.M.A.455 of 2017
                            CAN 2 of 2017(Old CAN3972/2017)
              ,




                              The National Insurance Co.Ltd.
                                            Vs.
                                 Nita Rani Ojha & Ors.

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                    Ms. Sucharita Paul
                               ... for the appellant-Insurance Co.
                    Mr. Amit Ranjan Roy
                               ..for the respondents-claimants

In Re: FMA 455 of 2017

This appeal is preferred against the judgment and

award dated 21st September, 2016 passed by the learned

Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, Fast Track, 2nd Court, Howrah, in

M.A.C. Case No.166 of 2012 under Section 163A of the

Motor Vehicles Act.

As per report of the Stamp Reporter dated 25th

January, 2017, the appeal is preferred within the

statutory period of limitation. Accordingly, the appeal is

formally admitted and registered.

As per office report dated 24th September, 2021, the

lower court records have already been received and after

examination, it is found to be complete and in order.

Learned advocate for the appellant-insurance

company shall prepare and file requisite numbers of

informal paper books incorporating all relevant papers

and documents including the pleadings and evidence,

both oral and documentary, in printed or typewritten or

cyclostyled form, as the case may be, out of court, within

a period of four weeks from date.

Ms. Sucharita Paul, learned advocate for the

appellant-insurance company submits that for want of

certified copy of the relevant documents, the informal

paper books could not be prepared and she submits for

sending the lower court records to the department for

issuance of the certified copy of the relevant documents

for preparation of informal paper books.

Mr. Amit Ranjan Roy, learned advocate appears for

the respondent nos.1 & 2-claimants.

Let the case file be sent down to the department for

issuance of certified copy of the relevant documents, if

applied for.

Let the matter appear after four weeks under the

heading "Hearing".

               <                (Bivas Pattanayak, J.)