Munihara Khatun & Ors vs The New India Assurance Co. Ltd. & ...
2023 Latest Caselaw 3735 Cal

08.06.2023
 Ct. 654
 D/L 86
  ab

                      IN THE HIGH COURT AT CALCUTTA
                       CIVIL APPELLATE JURISDICTION
                             APPELLATE SIDE

                                FMA 1073 of 2022

                          Munihara Khatun & Ors.
                                    -Vs-
                   The New India Assurance Co. Ltd. & Anr.


             Ms. Sima Ghosh
                                     ... for the appellants-claimants

             Mr. Rajdeep Bhattacharhee
                    ... for the respondent No. 1-Insurance Company

Re: FMA 1073 of 2022

This appeal is preferred against the judgment and

order dated 11th March, 2022 passed by the learned

Judge, Motor Accident Claims Tribunal, Berhampore,

Murshidabad in MAC Case No. 284 of 2018 under

Section 166 of the Motor Vehicles Act, 1988.

As per the report of the Additional Stamp

Reporter dated 8th August, 2022, the appeal is preferred

within the statutory period of limitation.

Accordingly, the appeal is formally admitted and

registered.

Ms. Sima Ghosh, learned advocate for the

appellants-claimants submits that all the relevant

papers are with her and as such, calling for lower court

records be dispensed with at present and she

undertakes to prepare informal paper books.

In view of submissions advanced as above, calling

for lower court records is dispensed with for the time

being.

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 the pleadings and evidence, both oral and

documentary, in printed or typewritten or cyclostyled,

as the case may be, out of court, within two days from

date.

Ms. Sima Ghosh, learned advocate for the

appellants-claimants submits 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 is found from the impugned

judgment that the respondent No. 2-owner of the

offending vehicle did not contest the claim application

and the same has been disposed of ex parte against

him. In the aforesaid backdrop, service of notice of

appeal upon the respondent No. 2-owner of the

offending vehicle stands dispensed with.

Since the respondent No. 1-insurance company

has already entered appearance, service of notice of

appeal upon the said respondent also stands dispensed

with.

Let the matter appear on 12th June, 2023 under

the heading "Hearing" at the top.

( Bivas Pattanayak, J.)