Janardan Mandal & Another vs The Cholamandalam M. S. General
2023 Latest Caselaw 5527 Cal

24.08.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. No.57                             APPELLATE SIDE
     KB                                ,,




                                    F.M.A. 554 of 2018
                                           with
                                   IA No. CAN 1 of 2019
                                (Old No. CAN 3364 of 2019)
              ,




                                 Janardan Mandal & Another
                                            Vs.
                                 The Cholamandalam M. S. General
                                     Insurance Co. Ltd. & Anr.     ,,




                      Mr. Saidur Rahaman
                                  ... for the appellants-claimants

                      Mr. Debanjan Mukherjee
                                 ... for the respondentno.1-ins.co.

In Re: F.M.A. 554 of 2018

This appeal is preferred against the judgment and

award dated 7th September, 2016 passed by the learned

Additional District Judge cum Judge, Motor Accident

Claims Tribunal, 2nd Court, Malda in MAC case no. 232

of 2012 under Section 166 of the Motor Vehicles Act,

1988.

As per report of the Stamp Reporter dated 10th

January, 2017, the appeal is preferred within the

statutory period of limitation. Accordingly, the appeal is

formally admitted and registered.

Mr. Saidur Rahaman, learned advocate for the

appellants-claimants submits that all the relevant papers

are with him and as such calling for of lower court

records be dispensed with. He undertakes to file informal

paper books. Accordingly, calling for of lower court

records is dispensed with for the time being.

Learned advocate for the appellants-claimants is

directed to prepare and file three sets 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.

Mr. Rahaman, learned advocate for appellants-

claimants further submits for dispensing with the service

of notice of appeal upon the respondent no.2-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.2, owner of the offending vehicle. In the

aforesaid backdrop, service of notice of appeal upon the

respondent no.2, owner of the offending vehicle, stands

dispensed with.

Since the respondent no.1-insurance Company has

entered appearance, hence service of notice of appeal

upon the said respondent no.1 also stand dispensed with.

Let the matter appear under the heading "Hearing"

after four weeks.

             <                   (Bivas Pattanayak, J.)