Haripada Maity vs United India Insurance Co.Ltd.& ...
2023 Latest Caselaw 6834 Cal

06.10.2023                   IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                   CIVIL APPELLATE JURISDICTION
 Sl. Nos.1                               APPELLATE SIDE
     sn                                  ,,




                                     F.M.A.933 of 2021
              ,




                                  Haripada Maity
                                              Vs.
                             United India Insurance Co.Ltd.& Anr.
              ,,




                       Mr. Ashique Mondal
                                   ... for the appellant-claimant
                       Mr. Sanjay Paul
                       Ms. Jaita Ghosh
                             `     ..for the respondent-insurance Co.

This appeal is preferred against the judgment and

award dated 30th June, 2018 passed by the learned

Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, Fast Track, 2nd Court, Tamluk, Purba

Medinipur in MAC case 84 of 2013 under Section 166 of

the Motor Vehicles Act, 1988.

As per report of the Stamp Reporter dated 25th

March, 2021, the appeal is preferred within the statutory

period of limitation. Accordingly, the appeal is formally

admitted and registered.

Mr. Ashique Mondal, learned advocate for the

appellant-claimant 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.

In view of the aforesaid submissions, calling for

lower court records stands dispensed with for the time

being.

Learned advocate for the appellant-claimant shall

prepare and file requisite number 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 appellant-

claimant 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 the 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.)