Bijoy Das vs The National Insurance Co. Ltd. & ...
2023 Latest Caselaw 92 Cal

04.01.2023
sayandeep
Sl. No. 02
Ct. No. 654
                                FMA 2179 of 2015

                                     Bijoy Das
                                     -Versus-
                    The National Insurance Co. Ltd. & Anr.


                    Ms. Sima Ghosh
                                       ...for the appellant-claimants
                    Mr. Deb Narayan Roy
                                           .....for the Insurance co.

                    This appeal is directed against the Judgment and

              award dated 27th September, 2013 passed by learned

              Judge, Motor Vehicle Claims Tribunal, 4th Court,

              Murshidabad in MAC Case No. 310 of 2009 under

              Section 166 of the Motor Vehicles Act, 1988.

                    As per report of Additional Stamp Reporter dated

              24.3.2014, the appeal is filed within the statutory

              period of imitation.

                    Accordingly the appeal is formally admitted and

              registered.

                    Call for Lower Court records.

                    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

              appellant-claimant within a period of two weeks.
                               2




       Upon receipt of notice of arrival, learned advocate

for   the   appellant-claimant     shall   prepare   and   file

requisite number of informal paper books incorporating

all relevant papers and documents including pleadings

both oral and documentary in printed or cyclostyled or

typed written form within a period of four weeks from

the date of service of notice of arrival of Lower Court

records.

       Learned    advocate   for    the    appellant-claimant

submits for dispensing with service of notice of appeal

upon respondent No. 2-owner of the offending vehicle. It

appears from the impugned Judgment that the claim

case has been disposed of ex parte against respondent

No. 2-owner of the offending vehicle. Accordingly 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.

The matter to go out of list.

Liberty to mention.

(Bivas Pattanayak, J.)