Sahamina Bibi & Anr vs The New India Assurance Co. Ltd. & Anr
2023 Latest Caselaw 7518 Cal

Calcutta High Court (Appellete Side)

Sahamina Bibi & Anr vs The New India Assurance Co. Ltd. & Anr on 1 December, 2023

                           IN THE HIGH COURT AT CALUTTA
                              Civil Appellate Jurisdiction
 01.12.2023
SL No.34
Court No. 551
   Ali


                            FMAT (MV) 130 of 2023

                           Sahamina Bibi & Anr.
                                    Vs.
                The New India Assurance Co. Ltd. & Anr.

                    Mr. Jayanta Banerjee,
                    Mr. Sandip Bandhopadhyay,
                    Mr. Argha Bhattacharjee
                                   ....for the appellants/claimants.

                    Ms. Sucharita Paul
                                 .... for the respondent Insurance Co.

The instant appeal has been preferred

against the judgment and award dated 22nd day of

December, 2022 passed by learned Judge, Motor

Accident Claims Tribunal, Paschim Medinipur, in

MAC Case no. 223 of 2011 under Section 166 of

M.V. Act.

The learned tribunal has dismissed the

claim and the claimant has preferred the instant

appeal against such order of dismissal.

The report of the Stamp Reporter suggests

that the instant appeal is preferred within the

statutory period of limitation.

Accordingly, the instant appeal is formally

admitted.

Register the same.

The concerned office is directed to take

effective steps to call for LCR from the office of the

learned tribunal within two weeks.

On reaching the LCR the department is

verify same, such verification if it found to be

complete and in order, a notice of such LCR shall

serve upon the advocate on record for the appellant

within a fortnight. On receiving such notice the

learned advocate for the appellant shall prepare a

requisite number of paper books at least three in

number including pleadings and proofs both oral

and documentary of the LCR out of Court within

four weeks.

insurance company has already made their

appearance and respondent No. 2 is the owner of

the offending vehicle who did not contest the case

before the learned tribunal. Consequently, the

award was passed ex parte against the owner. Thus,

the notice of appeal upon the owner as well as the

insurance company is dispensed with.

Parties are at liberty to mention.

(Subhendu Samanta, J.)