Sri Ramesh Kadma vs United India Insurance Co. Ltd. & ...
2023 Latest Caselaw 7148 Cal

16.10.2023                   IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                   CIVIL APPELLATE JURISDICTION
 Sl. No. 4.                          APPELLATE SIDE
     KB                                 ,,




                                  F.M.A.T.(MV) 503 of 2023

              ,




                                     Sri Ramesh Kadma
                                             Vs.
                            United India Insurance Co. Ltd. & Another

              ,,




                    Mr. Krishanu Banik
                    Mr. Tathagata Banik
                                    ... for the appellant-claimant.

                    Ms. Sucharita Paul
                                    ... for the Insurance Company.


                                    In Re: F.M.A.T.(MV) 503 of 2023


                    This appeal is preferred against the judgment and

              award dated 8th June, 2023 passed by learned Additional

              District   Judge   cum   Judge,   Motor   Accident   Claims

              Tribunal, 7th Court, Paschim Medinipur in M.A.C. Case

              No. 364 of 2015 under Section 166 of the Motor Vehicles

              Act, 1988.

                    As per report of Additional Stamp Reporter dated

              12th October, 2023, the appeal is filed within the

              statutory period of limitation.

                    Accordingly, the appeal is formally admitted and

              registered.

                    Mr. Krishanu Banik, learned advocate for the

              appellant-claimant submits that all the relevant papers

              are with him and as such calling for of lower court
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records be dispensed with.         He undertakes to prepare

informal paper books.

        Ms.    Sucharita    Paul,        learned     advocate   for

respondent no.1-insurance company concedes to such

submission.

In view of the submission as above, calling for of

lower court records is dispensed with for the time being.

Learned advocate for the appellant-claimant is

directed to 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. Banik, learned advocate for appellant-

claimant further submits for dispensing with the 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 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 also entered appearance, hence service of notice of

appeal upon the said respondent also stands dispensed

with.

Let this appeal appear on 15th December, 2023

under the heading "Hearing".

(Bivas Pattanayak, J.)