Smt. Jayanti Dalapati & Ors vs The United India Insurance ...
2023 Latest Caselaw 1277 Cal

20.02.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. No.28
     ss                     ,      ,




                               F.M.A. 108 of 2021
                     CAN 1 of 2018 (old No. CAN 8786 of 2018)
                                CAN 2 of 2023
                                CAN 3 of 2023
                                   ,,




                                Smt. Jayanti Dalapati & ors.

                                            Versus

              The United India Insurance Company Limited & anr.


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

                    Ms. Juin Das
                               ... for the respondent no.3

Mrs. Sucharita Paul for the respondent-Insurance Co.

Re : CAN 2 of 2023

This is an application for setting aside an

abatement and substitution of legal heirs of deceased

appellant no.3, Subhasini Dalapati @ Shobhasini

Dalapati.

Mr. Amit Ranjan Roy, learned Advocate for the

appellants-claimants submits that appellant no.3,

Subhasini Dalapati @ Shobhasini Dalapati died on 11th

August, 2019 and the legal heirs of deceased appellant

no.3 is required to be substituted in her place and he

prays for appropriate order.

Mrs Sucharita Paul, learned Advocate for the

respondent no.1-Insurance Company leaves the matter to

the discretion of the Court.

From the application and documents namely, death

certificate annexed to the application it is found that the

appellant no.3, Subhasini Dalapati @ Shobhasini

Dalapati expired on 11th August, 2019.

In view of the above, the abatement of appeal as

against the appellant no.3 is set aside and the legal heirs

appellant no.3 be substituted in her place as appellant

no.3(a) to 3(e) mentioned in paragraph 4 of the

application.

Department is directed to incorporate the names of

legal heirs of deceased appellant no.3 as appellant

nos.3(a) to 3(e) in the memorandum of appeal.

The application being CAN 2 of 2023 stands

disposed of.

Re : CAN 3 of 2023

This is an application for addition of parties.

Mr Amit Ranjan Roy, learned Advocate for the

appellants-claimants submits that out of inadvertence the

name of Megha Dalapati was not incorporated in the

Memorandum of appeal though she was a party in the

claim application.

Ms. Juin Das, learned Advocate appears for Megha

Dalapati.

Mrs Sucharita Paul, learned Advocate appearing for

the Insurance Company-respondent no.1 submits that

since Megha Dalapati was a party to the claim

application, hence her name is to be incorporated in the

Memorandum of appeal as she is a necessary party.

It appears from the impugned judgment that Megha

Dalapati has been arrayed as opposite no.3 in the claim

application. However, in the memorandum of appeal she

has not been made a party. Since Megha Dalapati was a

party in the claim application, hence, she is a necessary

party and as such her name be incorporated in the

Memorandum of appeal.

Department is directed to incorporate the name of

Megha Dalapati as respondent no.3 in the Memorandum

of appeal.

The application being CAN 3 of 2023 stands

disposed of.

Re : FMA 108 of 2021

This appeal is preferred against the judgement and

award dated 3rd February, 2018 passed by the learned

Additional District Judge cum Judge, Motor Accident

Claims Tribunal, 3rd Court, Tamluk, Purba Medinipur, in

M.A.C. Case No. 319 of 2014 under Section 166 of the

Motor Vehicles Act, 1988.

As per report of the Stamp Reporter dated 5th April,

2018 the appeal is preferred within the statutory period of

limitation.

Accordingly, the appeal is formally admitted and

registered.

It is found that the Lower Court Records have been

received and upon examination, found to be complete and

in order.

Mr. Amit Ranjan Roy, learned Advocate for the

appellants-claimants undertakes to prepare and file three

sets of informal paper books.

Accordingly, learned Advocate for the appellants-

claimants is directed to prepare and file three sets of

informal paper books incorporating all relevant papers

and documents including pleadings and evidence, both

oral and documentary, printed or type-written or

cyclostyled, as the case may be, out of court, within a

period of four weeks from the date.

Mr. Amit Ranjan Roy, learned Advocate for the

appellants-claimants prays for dispensing with service of

notice of appeal upon the 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 respondent no.2, owner of the

offending vehicle is dispensed with.

Since the respondent no.1-Insurance Company has

already entered appearance, hence service of notice of

appeal upon the said respondent is also dispensed with.

Department is directed to place CAN 1 of 2018

(Old No. CAN 8786 of 2018) with the case file positively

on the next date of hearing since the same is unavailable

in the case file.

Let the matter appear in the list four weeks hence

under the heading "Hearing".

             <                     (Bivas Pattanayak, J.)