Kalpana Mukherjee vs The National Insurance Co. Ltd & ...
2023 Latest Caselaw 5453 Cal

23.08.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 D/L 61
    ab                                  ,,




                                   FMAT (MV) 295 of 2023
                                          With
                                     CAN 1 of 2023
              ,




                                Kalpana Mukherjee
                                        Vs.
                       The National Insurance Co. Ltd & Ors.
              ,,




              Mr. Sk.Abu Abbas Uddin
                                             ... for the appellant-claimant

              Mr. M. P. Chakraborty,
              Ms. Sarnali Biswas,
              Mr. Ratnadip Karmakar
                       ... for the respondent no. 1-insurance company

Re : FMAT (MV) 295 of 2023

This appeal is preferred against the judgment and

award dated 14th February, 2023 passed by the learned

Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, 1st Court, Hooghly at Chinsurah in MAC

Case No. 104 of 2012 under Section 166 of the Motor

Vehicles Act, 1988.

As per report of the Stamp Reporter dated 9th June,

2023, the appeal is preferred within the statutory period

of limitation.

Accordingly, the appeal is formally admitted and

registered.

Let the lower court records be called for.

Mr. Sk. Abu Abbas Uddin, learned advocate for the

appellant-claimant submits that his client is willing to

deposit the special messenger's costs for bringing the

lower court records.

Accordingly, the appellant-claimant is directed to

deposit the special messenger's costs within a week from

date.

Department concerned is directed to take effective

steps for bringing the lower court records from the

learned Tribunal within two weeks from date of deposit of

special messenger's costs.

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 advocates for appellant-claimant

as well as the respondent no. 1-insurance company the

within a period of two weeks of such arrival.

Upon receipt of the notice of arrival of lower court

records, learned Advocate for the appellant-claimant shall

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 period of four weeks from

the date of service of notice of arrival of lower court

records.

Since the respondent No. 1-insurace company has

already entered appearance, service of notice of appeal

upon the said respondent also stands dispensed with.

The appellant-claimant is directed to deposit

talabana costs together with written up notice form for

causing service of notice of appeal upon the respondent

no. 2-owner of the offending vehicle.

The matter to go out of list.

Liberty to mention.

                   <                  (Bivas Pattanayak, J.)