Calcutta High Court (Appellete Side)
Biswanath Sahoo Alias Sahu vs Bharati Axa General Insurance Co. ... on 17 October, 2023
17.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No. 226. APPELLATE SIDE
KB ,,
F.M.A. 195 of 2021
with
IA No. CAN 1 of 2021
with
IA No. CAN 2 of 2023
Biswanath Sahoo alias Sahu
Vs.
Bharati AXA General Insurance Co. Ltd. & Anr.
Mr. Amit Ranjan Roy
... For appellant-claimant.
Mrs. Gopa Das Mukherjee
... For respondent-insurance company.
IA No. CAN 2 of 2023
This is an application for amendment of name of
respondent no.1-insurance company.
Mrs. Gopa Das Mukherjee learned advocate for
respondent no.1-insurance company submits that
respondent no.1-insurance company has merged with
ICICI Lombard General Insurance Company Limited and
as such the name of respondent no.1-insurance company
be substituted with ICICI Lombard General Insurance
Company Limited.
Mr. Amit Ranjan Roy, learned advocate for appellant-
claimant leaves the matter to the discretion of the Court.
It is contended in the application that with the final
approval of Insurance Regulatory Development Authority
of India there has been demerger of general insurance
business of Bharti AXA General Insurance Company
Limited to ICICI Lombard General Insurance Company
Limited on 3rd September, 2021.
In view of the above, let the name of respondent
no.1-insurance company be substituted by ICICI Lombard
General Insurance Company Limited.
Department concerned is directed to make necessary
amendment/correction in the Memorandum of Appeal as
aforesaid.
CAN 2 of 2023 accordingly stands disposed of.
In Re: FMA 195 of 2021.
This appeal is preferred against the judgment and
award dated 21st January, 2020 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. 89 of 2014 (144 of 2011)
under Section 166 of the Motor Vehicles Act, 1988.
As per report of the Additional Stamp Reporter dated
22nd January, 2021 the appeal is preferred within the
statutory period of limitation. Accordingly, the appeal is
formally admitted and registered.
Mr. Amit Ranjan Roy, learned advocate for the
appellant-claimant 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.
Mrs. Gopa Das Mukherjee, learned advocate
appearing for the respondent no.1-insurance company
concedes to the aforesaid submissions advanced on
behalf of the appellant-claimant.
In view of the 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 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. Roy, 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
entered appearance, hence service of notice of appeal
upon the said respondent also stands dispensed with.
Let the matter appear four weeks after the ensuing
Puja Vacation under the heading "Hearing".
(Bivas Pattanayak, J.)
