Sk. Tupai vs The National Insurance Co. Ltd. & ...
2023 Latest Caselaw 1005 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 07.02.2023
  SL No.17
Court No. 654
     Ali


                          F.M.A. 3616 of 2016
                  IA No.: CAN/1/2017 (Old No.:CAN/5564/2017)

                               Sk. Tupai
                                    Vs.
                       The National Insurance Co. Ltd. & Anr.

                        Mr. Amit Ranjan Roy
                                   ...for the appellant-claimant.
                        Mr. Rajesh Singh
                             ....for the respondent-Insurance Co.

F.M.A. 3616 of 2016

This appeal is preferred against the

judgment and award dated 16th January, 2016

passed by the learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Fast Track,

1st Court, Tamluk in M.A.C. Case no. 183 of

2013/450 of 2012 under Section 166 of the Motor

Vehicles Act, 1988.

As per report of Stamp Reporter dated

01.04.2016, the appeal is preferred within the

statutory period of limitation.

Accordingly the appeal is formally admitted

and registered.

Mr Amit Ranjan Roy, learned advocate for

appellant-claimant undertakes to prepare informal

paper books. Accordingly, learned advocate for

appellant-claimant is directed to prepare and file

requisite number of informal paperbooks

incorporating all relevant papers and documents

including pleadings and evidence, both oral and

documentary, in printed or cyclostyled or

typewritten form within a period of two weeks from

date.

Mr Roy, learned advocate for appellant-

claimant further submits for dispensing with service

of notice of appeal upon respondent no.2-owner of

the offending vehicle since he did not contest the

claim application. It appears from the impugned

judgment that respondent no.2-owner of the

offending vehicle did not contest the claim

application and the case was disposed of exparte

against him. In the aforesaid backdrop, service of

notice of appeal upon the said respondent stands

dispensed with.

Since respondent no.1-insurance company

is represented hence service of notice of appeal upon

the said respondent is also dispensed with.

Let the matter appear on 24.2.2023 under

the heading "Hearing".

(Bivas Pattanayak, J.)