United India Insurance Co. Ltd vs Mome Bhattacharjee & Ors
2023 Latest Caselaw 5114 Cal

17.08.2023               IN THE HIGH COURT AT CALCUTTA
 Ct. no.654               CIVIL APPELLATE JURISDICTION
 Sl. Nos.11
     sn
                                    F.M.A.386 of 2022

                           United India Insurance Co. Ltd.
                                         Vs.
                             Mome Bhattacharjee & Ors.

              ,,




                    Mr. Rajesh Singh
                                ... for the appellant-Insurance Co.
                    Mr. Muktakesh Das
                                ..for the respondents-claimants

In Re: FMA 386 of 2022

This appeal is preferred against the judgment and

award dated 6th March, 2021 passed by the learned

Judge, VIIIth Bench, City Civil Court, Calcutta in MAC

Case No. 397 of 2017 under Section 166 of the Motor

Vehicles Act, 1988.

As per report of the Additional Stamp Reporter

dated 21st March, 2022, the appeal is preferred within the

statutory period of limitation. Accordingly, the appeal is

formally admitted and registered.

Call for the lower court records.

Department is directed to take effective steps for

bringing the lower court records from the learned

Tribunal within two weeks from date.

Upon receipt of the lower court records, the Office

shall examine the same and if found to be complete and in

order, shall serve notice of arrival of the lower court

records upon the learned advocate for appellant-

insurance company within a period of two weeks of such

arrival.

Upon receipt of notice of arrival of lower court

records, 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 of service of notice of

arrival of lower court records.

Mr. Rajesh Singh, learned advocate for the

appellant-insurance company submits for dispensing

with service of notice upon the respondent no.3, owner of

the offending vehicle, since he did not contest the claim

application. It is found from the impugned judgment that

the case has been disposed of ex-parte against the

respondent no.3, owner of the offending vehicle.

Accordingly, service of notice of appeal upon the

respondent no.3 stands dispensed with.

Since the respondent nos.1 & 2 (claimants) have

already entered appearance, hence, service of notice of

appeal upon the said respondents also stands dispensed

with.

Let the matter go out of the list with liberty to

mention.

(Bivas Pattanayak, J.)