Sonalirani Bhowmik(Dhara) And ... vs National Insurance Co. Ltd. & ...
2023 Latest Caselaw 7149 Cal

16.10.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. No. 3.                         APPELLATE SIDE
     KB                                  ,,




                                      F.M.A. 567 of 2022
              ,




                          Sonalirani Bhowmik(Dhara) and Others
                                           Vs.
                          National Insurance Co. Ltd. & Another

              ,,




                    Mr. Jayanta Kumar Mandal
                                   ... for the appellants-claimants.



                         The matter is appearing under the heading "For

              Orders".

                               In Re: F.M.A. 567 of 2022

                    This appeal is preferred against the judgment and

              award dated 2nd September, 2021 passed by learned

              Additional District Judge cum Judge, Motor Accident

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

              Medinipur in M.A.C. Case No. 139 of 2014 under Section

              166 of the Motor Vehicles Act, 1988.

                    As per report of Additional Stamp Reporter dated

              7th April, 2022, the appeal is filed within the statutory

              period of limitation.

                    Accordingly, the appeal is formally admitted and

              registered.

                    Mr. Jayanta Kumar Mandal, learned advocate for

              the appellants-claimants submits that all the relevant

              papers are with him and as such calling for of lower court

              records be dispensed with. He undertakes to prepare

              informal paper books.
                              2




       In view of the aforesaid submission, calling for of

lower court records is dispensed with for the time being.

       Learned advocate for the appellants-claimants is

directed to 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.

      In spite of service of notice of appeal, none appears

on behalf of respondent no.1-insurance company.

Mr. Mondal, learned advocate for appellants-

claimants 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.

Let the matter appear three weeks after the ensuing

Puja Vacation under the heading "Hearing".

(Bivas Pattanayak, J.)