United India Insurance Co. Ltd vs Smt. Gita Gorai & Ors
2023 Latest Caselaw 5891 Cal

04.09.2023                IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                CIVIL APPELLATE JURISDICTION
 D/L 45
    ab                                ,,




                                FMA 405 of 2017
                                      With
                                 CAN 3 of 2023
                    ,




                          United India Insurance Co. Ltd.
                                        Vs.
                              Smt. Gita Gorai & Ors.
              ,,




              Mr. Parimal Kumar Pahari
                             ... for the appellant-Insurance company

              Mr. Jayanta Kumar Mandal
                            ... for the respondent nos. 1 to 3-claimants

Perused the report of the Assistant Registrar (FMA)

dated 31st August, 2023.

It is found from the aforesaid report that service of

notice of appeal upon the respondent no. 4, owner of the

offending vehicle could not be effected as the said

respondent could not be traced out at the mentioned

address.

Mr. Parimal Kumar Pahari, learned advocate for

the appellant-Insurance Company also submits for

dispensing with service of notice of appeal upon the

respondent No. 4, owner of the offending vehicle, since he

did not contest the claim application. It is found from the

impugned judgment that the respondent No. 4-owner of

the offending vehicle did not contest the claim application

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

In the aforesaid backdrop, service of notice of appeal

upon the respondent No. 4-owner of the offending vehicle

stands dispensed with.

Mr. Jayanta Kumar Mondal, learned advocate for

the respondent nos. 1 to 3-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.

Mr. Parimal Kumar Pahari, learned advocate for the

appellant- insurance company concedes to such

submissions.

In view of submissions advanced on behalf of the

respondent nos. 1 to 3-claimants, calling for of lower

court records is dispensed with for the time being.

Learned advocate for the respondent nos. 1 to 3-

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 two weeks from date.

Let the matter appear under the heading "Hearing"

after three weeks.

Re: CAN 3 of 2023

This is an application for withdrawal of certain

amount of awarded sum.

Mr. Jayanta Kumar Mandal, learned advocate for

the respondent nos. 1 to 3-claimants does not press this

application at this stage and submits for expeditious

hearing of the appeal.

                  <             (Bivas Pattanayak, J.)