Smt. Kalpana Bagdi & Ors vs Sri Abdul Sabur & Anr
2023 Latest Caselaw 1597 Cal

 02 & 03
09.03.2023
Ct. No.237
    pg.
                       IN THE HIGH COURT AT CALCUTTA
                          CIVIL APPELLATE JURICTION
                                APPELLATE SIDE

                                 FMA 680 of 2008

                            Smt. Kalpana Bagdi & Ors.
                                       Vs.
                             Sri Abdul Sabur & Anr.

                                       with

                                FMAT 1468 of 2008

                                  Abdul Sabur
                                       Vs.
                            Smt. Kalpana Bagdi & Ors.


                     Mr. Jayanta Kumar Mondal
                           ... For the appellants/claimants in FMA
                             680 of 2008 & respondents/claimants

in FMAT 1468 of 2008

Mr. Animesh Das ... For the New India Assurance Company Limited in both the Appeals

Mr. Animesh Das, learned advocate, on behalf of

the New India Assurance Company Limited has mentioned

this matter on the ground that in the judgment passed on

8th February, 2023 in FMA 680 of 2008 and FMAT 1468 of

2008, neither his appearance nor his submission was

recorded and submits that initially the learned Tribunal

directed the owner of the vehicle to pay compensation.

It has been further mentioned on behalf of Mr. Das

that he made submission that the learned Tribunal

awarded compensation directing the owner to pay

compensation on the ground of policy covering liability for

the driver only.

Considering the aforesaid facts and circumstances,

the name of Mr. Animesh Das, learned advocate, on behalf

of the New India Assurance Company Limited be

incorporated in the cause title of the order dated 8th

February, 2023 and also the aforesaid submission of the

learned advocate be incorporated in the fourth page after

3rd paragraph.

Department is directed to incorporate necessary

corrections accordingly.

In the aforesaid view of the matter, the New India

Assurance Company Limited is directed to deposit the

compensation amount in the office of the learned Registrar

General, within six weeks from this date, i.e., 9th March,

2023.

This order is deemed to be a part of the order dated

8th February, 2023.

The other remaining portions of the order dated 8th

February, 2023 will remain unchanged.

(Bibhas Ranjan De, J.)