Omrawati Devi & Ors vs National Insurance Company ...
2023 Latest Caselaw 5890 Cal

04.09.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 D/L 48
    ab                                 ,,




                                 FMAT 445 of 2020
                                       With
                                  CAN 1 of 2022
                    ,




                              Omrawati Devi & Ors.
                                       Vs.
                   National Insurance Company Limited & Ors.
              ,,




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



                            Re : FMAT 445 of 2020

                    This appeal is preferred against the judgment and

              award dated 13th March, 2020 passed by the learned

              Additional District Judge-cum-Judge, Motor Accident

              Claims Tribunal, 3rd Court, Asansol in M.A.C. Case No.

              03 of 2012 (Old No. 12 of 2011) under Section 166 of the

              Motor Vehicles Act, 1988.

                    As per report of the Additional Stamp Reporter

              dated 4th September, 2023, 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

              appellants-claimants seeks liberty to correct the surname

              of appellant no. 3 from "Harihan" to "Harijan".

                    Liberty is granted to correct the same.
                              2




        Mr. Amit Ranjan Roy, 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 at present and he undertakes

to prepare informal paper books.

        In view of the above submissions, 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 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

four weeks from date.

        Mr. Roy, learned advocate for the appellants-

claimants also submits for dispensing with service of

notice of appeal upon the respondent Nos. 2 and 3,

owners of the offending vehicle, since they did not contest

the claim application. It is found from the impugned

judgment that the respondent Nos. 2 and 3-owners of the

offending vehicle did not contest the claim application

and the same has been disposed of ex parte against them.

In the aforesaid backdrop, service of notice of appeal

upon the respondent Nos. 2 and 3-owners of the

offending vehicle stands dispensed with.

The appellants-claimants are directed to deposit

talabana costs together with written up notice form for

causing service of notice of appeal upon the respondent

no. 1-insurance company.

Let the matter appear under the heading "Hearing"

after four weeks.

                    <           (Bivas Pattanayak, J.)