Reliance General Insurance Co. ... vs Soma Roy & Anr
2023 Latest Caselaw 6747 Cal

                            IN THE HIGH COURT AT CALUTTA
                               Civil Appellate Jurisdiction
 04.10.2023
SL No.7
Court No. 551
   Ali


                                FMA 439 of 2016

                IA NO:CAN/1/2014 (Old No.:CAN/10957/2014),
                     CAN/3/2015 (Old No.:CAN/12118/2015),
                     CAN/4/2017 (Old No.:CAN/12124/2017).


                     Reliance General Insurance Co. Ltd.
                                    Vs.
                              Soma Roy & Anr.

                    Ms. Gopa Das Mukherjee
                                         ....for the appellant.

                    Mr. Prosenjit Mukherjee,
                    Ms. S. Chakraborty,
                    Ms. Tiyasa Ghosh
                                   ...for the claimants/respondents.

The instant appeal has been preferred by the

insurance company challenging the judgment

passed by the learned tribunal on 27th June, 2014

passed by learned Judge, Motor Accident Claims

Tribunal, Katwa, in MAC Case no. 42 of 2008.

The claimant of the case is said to be the

wife of the injured. The injured never appeared

before the learned tribunal. No written authorization

was made on behalf of the claimants/respondents to

file the claim case. Surprisingly, the award was

passed in favour of the claimant not in favour of the

injured who is living. Considering the same and

considering the entire LCR it appears to me that the

presence of the injured is necessary before this

court.

The learned advocate for the

respondents/claimants is directed to produce the

claim alongwith the proper authorization before this

court that he has authorized his wife claimant,

namely, Soma Roy to conduce the case before the

learned tribunal and also he authorizes the

respondents Soma Roy to receive the portion of

compensation amount of Rs. 2,00,000/- from the

court.

List the matter for further hearing and

appearance of the injured before this court on 17th

November, 2023.

All parties shall act on the server copy of

this order duly downloaded from the official website

of this Court.

(Subhendu Samanta, J.)