Usha Samanta vs Reliance General Insurance ...
2023 Latest Caselaw 6836 Cal

06.10.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. Nos.3                            APPELLATE SIDE
     sn                               ,,




                                   F.M.A.522 of 2022
              ,




                                     Usha Samanta
                                            Vs.
                            Reliance General Insurance Co.Ltd.& Anr.
              ,,




                    Mr. Jayanta Kumar 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 24th November, 2021 passed by the learned

Additional District Judge-cum-Judge, Motor Accident

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

Medinipur, in MAC case 74 of 2013 under Section 166 of

the Motor Vehicles Act, 1988.

As per report of the Additional Stamp Reporter

dated 3rd March, 2022, the appeal is preferred within the

statutory period of limitation. Accordingly, the appeal is

formally admitted and registered.

It is found from the office report dated 29th August,

2023, lower court records have already been received and

upon examination found to be complete and in order.

Mr. Jayanta Kumar Mondal, learned advocate for

the appellant-claimant undertakes to prepare informal

paper book.

Learned advocate for the appellant-claimant 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 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 four weeks after reopening of

the Court after the ensuing puja vacation.

             <                     (Bivas Pattanayak, J.)