Pratima Dolai @ Pratima Dolai & Ors vs Bajaj Allianz General Insurance ...
2023 Latest Caselaw 1246 Cal

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 17.02.2023
SL No.19
Court No. 654
       Ali


                            F.M.A. 61 of 2023
                           IA No:CAN/1/2022

                     Pratima Dolai @ Pratima Dolai & Ors.
                                   Vs.
                 Bajaj Allianz General Insurance Co. Ltd. & Ors.


                          Mr. Jayanta Kumar Mondal
                                ....for the appellants-claimants.

                          Mr.   Jayanta    Kumar     Mondal,      learned

                advocate for appellants-claimants files informal

                paper books. Such informal paper books is taken on

                record.

                          Copy served.

                          Mr. Mandal submits that for convenience of

                hearing the lower court records are required to be

                called for.

                          Department is directed to take effective steps

                for bringing the lower court records from the learned

                tribunal within a period of two weeks from date.

                          Upon receipt of the lower court records, the

                office shall examine the same and if found to be

                complete and in order shall serve notice of arrival of

                lower court records upon learned advocate for the

                appellants-claimants.

                          None appears on behalf of respondent No. 1-

insurance company.

Mr Mandal, learned advocate for appellants-

claimants 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.

Appellants-claimants is directed to deposit

Talabana Cost together with written up notice forms

for causing service of notice of appeal upon

respondent Nos. 3 and 4-owner of the respective

vehicle within a period of two weeks from date.

Let the matter appear after four weeks

under the heading "Hearing".

(Bivas Pattanayak, J.)