The Oriental Insurance Co. Ltd vs Tapasi Samanta & Ors
2023 Latest Caselaw 5352 Cal

21.08.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 D/L 60
    ab                                 ,,




                                 FMA 158 of 2023
                                       With
                                  CAN 1 of 2023
                    ,




                            The Oriental Insurance Co. Ltd.
                                          Vs.
                                Tapasi Samanta & Ors.
              ,,




              Mr. Sanjay Paul
                                ... for the appellant-Insurance company

              Mr. Subhankar Mandal
                            ... for the respondent nos. 1to 4-claimants

Re : FMA 158 of 2023

This appeal is preferred against the judgment and

award dated 6th September, 2022 passed by the learned

Judge, Motor Accident Claims Tribunal, Fast Track

Court-II, Howrah in M.A.C. Case No. 209 of 2015 under

Section 166 of the Motor Vehicles Act, 1988.

As per report of the Additional Stamp Reporter

dated 13th March, 2023, the appeal is preferred within the

statutory period of limitation.

Accordingly, the appeal is formally admitted and

registered.

Mr. Sanjay Paul, learned advocate for the appellant-

insurance company submits that the appeal relates to a

short point regarding deduction towards personal and

leaving expenses of the deceased. He submits for

expeditious disposal of the appeal.

Mr. Paul, learned advocate for the appellant-

insurance company further submits that all the relevant

papers are with him and as such, calling for of lower

court records be dispensed with at present and he

undertakes to prepare informal paper books.

Mr. Subhankar Mandal, learned advocate for the

respondent nos. 1 to 4-claimants concurs with such

submissions.

In view of submissions advanced on behalf of the

appellant-insurance company, calling for of lower court

records is dispensed with for the time being.

Learned advocate for the appellant-insurance

company is directed to prepare and file requisite 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 week from date.

Mr. Paul, learned advocate for the appellant-

Insurance Company also submits for dispensing with

service of notice of appeal upon the respondent No. 5,

owner of the offending vehicle, since he did not contest

the claim application. It is found from the impugned

judgment that the respondent No. 5-owner of the

offending vehicle did not contest the claim application

and the same has been disposed of ex parte against him.

In the aforesaid backdrop, service of notice of appeal

upon the respondent No. 5-owner of the offending vehicle

stands dispensed with.

Since the respondent nos. 1 to 4-claimants have

already entered appearance, service of notice of appeal

upon the said respondents also stands dispensed with.

Let the matter appear under the heading "Hearing"

on 31st August, 2023 at the top.

                 <                 (Bivas Pattanayak, J.)