Hanufa Bewa Molla vs The New India Assurance Co. Ltd. & ...
2023 Latest Caselaw 3892 Cal

16.06.2023
(as)
Ct.No.654
13
                                   FMA 359 of 2022


                               Hanufa Bewa Molla
                                     -vs-
                     The New India Assurance Co. Ltd. & Anr.

                                Mr. Anup Kr. Bag.
                                          ...for the Appellant-
                                                Claimant.

                                Mrs. Sucharita Paul.
                                          ...for the Respondent-

Insurance Company.

The appeal is preferred against the judgement and

award dated 14th December, 2021 passed by learned

Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, 3rd Court, Berhampore, Murshidabad in

MV Case No.570 of 2015 under Section 166 of the Motor

Vehicles Act, 1988.

As per report of the Additional Stamp Reporter

dated 16th March, 2022, the appeal is preferred within the

statutory period of limitation.

Accordingly, the appeal is formally admitted and

registered.

Mr. Anup Kumar Bag, learned Advocate for the

appellant-claimant submits that all the relevant papers

are with him and as such, calling for of lower court

records be dispensed with. He undertakes to prepare

informal paper books.

Mrs. Sucharita Paul, learned Advocate appears for

the respondent No.1-Insurance Company.

In view of submission made on behalf of the

appellant-claimant calling for of lower court records is

dispensed for the time being.

Learned Advocate for the appellant-claimant 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, in printed or typewritten or cyclostyled

form, as the case may be, out of court, within a period of

four weeks from date.

Mr. Bag, learned Advocate appearing for the

appellant-claimant prays for dispensing with service of

notice of appeal upon owner of the offending vehicle since

he did not contest the claim case. It is found from the

impugned judgment and order that the claim case is

disposed of ex parte against the owner of the offending

vehicle. 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 respondent No.1-Insurance Company

stands dispensed with.

Let the matter appear after four weeks under the

heading 'Hearing'.

(Bivas Pattanayak, J.)