Bachan Sakha Bera & Ors vs The National Insurance Co. Ltd. & Anr
2023 Latest Caselaw 7716 Cal

Calcutta High Court (Appellete Side)

Bachan Sakha Bera & Ors vs The National Insurance Co. Ltd. & Anr on 12 December, 2023

                             IN THE HIGH COURT AT CALUTTA
                                Civil Appellate Jurisdiction
 12.12.2023
SL No.55
Court No. 551
   Ali


                             FMAT (MV) 485 of 2023
                                      With
                              IA No.:CAN/1/2023

                         Bachan Sakha Bera & Ors.
                                    Vs.
                The National Insurance Co. Ltd. & Anr.
                   Mr. Amit Ranjan Roy
                              ...for the appellants/claimants.

                   Mr. M.P. Chakraborty,
                   Ms. Ratnadipa Karmakar
                               ...for the respondent/insurance Co.

The instant appeal has been preferred

against the judgment and award dated 28th April,

2023 passed by the learned Judge, Motor Accident

Claims Tribunal, Howrah, in MAC Case No. 17 of

2018.

The report of the Stamp Reporter suggests

that the appeal is preferred in time.

Accordingly, the appeal is formally admitted.

Register the same.

It appears that the learned advocate Ms.

Ratnadipa Karmakar has made appearance on

behalf of the respondent/insurance company. The

respondent No. 2 is the owner of the offending

vehicle.

Call for the LCR from the office of the

learned tribunal within four weeks.

After receipt of LCR the department is to

verify the same, on 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 fortnight. On receiving such notice, the

learned advocate for the appellant shall prepare a

requisite number of paper books containing all

pleadings and proofs both oral and documentary of

the LCR and file the same in the department within

four weeks thereafter.

The appellants/claimants is directed to

serve notices of appeal upon the respondent No. 2

by putting up Talabana cost with the filled up

notices form to the concerned department within a

fortnight.

Let the matter go out of list.

Parties are at liberty to mention.

(Subhendu Samanta, J.)