Rama Ruidas @ Roma Ruidas & Anr vs Cholamandalam Ms General ...
2023 Latest Caselaw 6728 Cal

04.10.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. Nos.4                            APPELLATE SIDE
     sn                               ,,




                                  F.M.A.918 of 2022
              ,




                            Rama Ruidas @ Roma Ruidas & Anr.
                                           Vs
                           Cholamandalam MS General Insurance
                           Co. Ltd. & Anr.
              ,,




                    Mr. Jayanta Kumar Mondal
                               ... for the appellant-claimant
                    Mr. Debanjan Mukherjee
                               ..for the respondent-Insurance Co.

This appeal is preferred against the judgment and

award dated 30th June, 2021 passed by the learned

Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, Fast Track Court, Durgapur, in MAC

case 29 of 2012 under Section 166 of the Motor Vehicles

Act, 1988.

As per report of the Additional Stamp Reporter

dated 24th June, 2022 the appeal is preferred within the

statutory period of limitation. Accordingly, the appeal is

formally admitted and registered.

Mr. Jayanta Kumar Mondal, learned advocate for

the appellants-claimants submits that all relevant papers

are with him and as such calling for lower court records

be dispensed with for the time being. He undertakes to

prepare informal paper books.

Mr. Debanjan Mukherjee, learned advocate appears

on behalf of the respondent no.1-insurance company.

In view of the aforesaid submissions, calling for

lower court records stands dispensed with for the time

being.

Learned advocate for the appellants-claimants shall

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

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

four weeks from date.

Mr. Mondal, 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 and order that the

case has been disposed of ex parte against the respondent

no.2, owner of the offending vehicle. In the aforesaid

backdrop, service of notice of appeal upon the respondent

no.2, owner of the offending vehicle, stands dispensed

with.

Since respondent no.1-insurance company has

already entered appearance, hence, service of notice of

appeal upon the said respondent also stands dispensed

with.

Let the matter appear three weeks after reopening of

the Court after the ensuing puja vacation.

              <                        (Bivas Pattanayak, J.)