Saroj Debi Singh & Ors vs The New Indian Assurance
2023 Latest Caselaw 1135 Cal

10.2.2023
Sl. No. 22
 Ct No. 654
Samarpita


                                 FMA 666 of 2021
                             IA.CAN 1 of 2021

                          Saroj Debi Singh & Ors.
                                    Vs.
                         The New Indian Assurance
                          Company Limited & Anr.

                Mr. Amit Ranjan Roy
                          ....... For the appellants-claimants.

              Mrs. Sucharita Paul
                      ......... for the respondent-Insurance Co.

FMAT 342 of 2021

This appeal is preferred against the

judgment and award dated 2nd December, 2020,

passed by learned Additional District Judge-cum-

Judge, Motor Accident Claims Tribunal, Fast Track,

2nd Court, Asansol, Paschim Burdwan, in M.A.C.

Case No. 106 of 2016, under Section 166 of the

Motor Vehicles Act, 1988.

As per the report of Stamp Reporter dated

5th May, 2021 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

appellants-claimants submits that all the relevant

papers with him and as such calling for lower court

records be dispensed with.

Mrs. Sucharita Paul, learned Advocate

appears for respondent No. 1-insurance company.

In view of submissions made on behalf of

the appellants-claimants, calling for lower court

records is dispensed with for the time being.

Mr Roy, Learned Advocate for appellants-

claimants undertakes to prepare three sets of

informal paper books. Accordingly, learned Advocate

for appellants-claimants is directed to prepare and

file three sets of informal paper books incorporating

all papers and documents including pleadings and

evidence, both oral and documentary, in printed or

cyclostyle or type written form with a period of four

weeks from the date.

Mr Roy, Learned Advocate for appellants-

claimants 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 in spite of

receiving notice and the case was disposed of

exparte against her. In the aforesaid backdrop

service of notice of appeal upon respondent No. 2

owner of the offending vehicle is dispensed with.

Since respondent No. 1-insurance company

has already entered appearance, hence, service of

notice of appeal upon the said respondent is also

dispensed with.

Mrs. Sucharita Paul, learned Advocate

appears for respondent No. 1 insurance company

submits that the insurance company has filed a

cross-objection being No. 43 of 2022 which is

required to be listed.

List COT 43 of 2022 along with this appeal.

Department is directed to place COT 43 of

2022 in the case file since the same is unavailable

alongwith report as to whether the aforesaid cross-

objection has been filed within the statutory period

of limitation or not.

Department is also directed place CAN 1 of

2021 in the case file since the same is unavailable.

Let the matter appear on 6th March, 2023

under the heading "Hearing".

(BivasPattanayak, J)