Calcutta High Court (Appellete Side)
Smt. Chandrika Biswas @ Selin ... vs The New India Assurance Co. Ltd. & ... on 5 January, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
05.01.2023
SL No.9 & 10
Court No. 654
Ali
F.M.A. 668 of 2022
Smt. Chandrika Biswas @ Selin Biswas & Ors.
Vs.
The New India Assurance Co. Ltd. & Anr.
With
COT 6 of 2022
The New India Assurance Co. Ltd.
Vs.
Smt. Chandrika [email protected] Selin Biswas & Ors.
Mr. Jayanta Banerjee
Mr. Sandip Bandyopadhyay
Ms. Ruxmini Basu Roy
....for the appellants-claimants.
Mr Rajdeep Bhattacharyya
......for the respondent No. 1-Insurance Co.
This appeal is directed against the judgment
and award dated 18th February 2021 passed by
learned Judge, Motor Accident Claims Tribunal, 4th
Court, Krishnagar, Nadia in M.A.C Case no. 211 of
2007 under Section 166 of the Motor Vehicles Act,
1988.
As per report of Additional Stamp reporter
dated 25.4.2022 the appeal is filed within statutory
period of limitation.
Accordingly, the appeal is formally admitted
and registered.
Mr Rajdeep Bhattacharyya, learned advocate
for respondent no.1-insurance company submits
that the insurance company has taken a specific
ground in its cross-objection that the learned
tribunal failed to consider the real reason for delay
in disposal of the case. Therefore in order to
consider the said ground the lower court records
would be necessary.
Mr Jayanta Banerjee, learned advocate for
appellants-claimants submits that his client is ready
to deposit the Special Messenger's cost for bringing
the lower court records at the earliest and for
expeditious hearing of the appeal.
Accordingly, appellants-claimants are
directed to deposit the Special Messenger's cost
within a week from date for bringing the lower court
records..
Upon deposit of Special Messenger's cost
department shall take effective steps for bringing the
lower court records from the learned tribunal within
a week from such deposit.
Upon receipt of the lower court record the
office shall examine the same and if found to be
complete and in order shall serve notice of arrival
upon learned advocate for appellants-claimants as
well as learned advocate for respondent no.1-
insurance company.
Upon receipt of notice of arrival learned
advocate for appellants-claimants shall prepare and
file three sets of informal paper books incorporating
all necessary papers and documents including
pleadings and evidence both oral and documentary
in cyclostyled or typewritten or printed form within a
period of two weeks from date of service of notice of
arrival. One set of such informal paper books be
filed in court and another be served to learned
advocate for respondent no.1-insurance company.
Mr Banerjee, learned advocate for appellants-
claimants submits for dispensing with the service of
notice of appeal upon respondent no.2-owner of the
offending vehicle since he did not contest the claim
application. It is found that respondent no.2-owner
of the offending vehicle did not contest the claim
application and the case was disposed of exparte
against him, hence service of notice of appeal upon
respondent no.2-owner of the offending vehicle is
dispensed with.
Let the matter appear after three weeks
under the heading 'hearing'.
(Bivas Pattanayak, J.)
