Aparna Biswas & Others vs The Oriental Insurance Co. Ltd. & ...
2023 Latest Caselaw 7287 Cal

18.10.2023             IN THE HIGH COURT AT CALCUTTA
Ct. no.654                 CIVIL APPELLATE JURISDICTION
Sl. No.214                        APPELLATE SIDE
   KB                                    ,,




                                 F.M.A. 932 of 2021
                                     with
                             IA No. CAN 1 of 2022

                            Aparna Biswas & others
                                      Vs.
                       The Oriental Insurance Co. Ltd. & Anr.


             Mr. Amit Ranjan Roy
                  ... For the appellants-claimants.

             Mrs. Sucharita Paul
                   ... For the respondent-insurance company.

In Re: FMA 932 of 2021

This appeal is preferred against the judgment and

award dated 29th September, 2018 passed by Learned

Judge, Motor Accident Claims Tribunal, 1st Court, Howrah

in M.A.C. Case No. 352 of 2011 under Section 166 of the

Motor Vehicles Act, 1988.

As per report of Stamp Reporter dated 26th March,

2021 that 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 6th January,

2023 that the lower court records have already been

received and upon examination found to be complete and

in order.

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.

Learned advocate for appellants-claimants submits

for dispensing with service of notice of appeal upon

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 view of the aforesaid backdrop, service of notice

of appeal upon the respondent no.2-owner of the offending

vehicle stands dispensed with.

Since the respondent nos.1-insurance company has

entered appearance, hence service of notice of appeal upon

the said respondent also stands dispensed with.

Let the matter appear on 18th December, 2023

under the heading "Hearing".

(Bivas Pattanayak, J.)