Kajal Mahata vs Oriental Insurance Co.Ltd.& Anr
2023 Latest Caselaw 6425 Cal

22.09.2023                     IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                    CIVIL APPELLATE JURISDICTION
 Sl. no.201                            APPELLATE SIDE
     sn                                    ,,




                                        F.M.A.564 of 2022
              ,




                                   Kajal Mahata
                                          Vs.
                                 Oriental Insurance Co.Ltd.& Anr.
              ,,




                      Mr. Subhankar Mondal
                                  ... for the appellant-claimant
                      Mr. Sanjay Paul
                                  ..for the respondent-insurance Co.

This appeal is preferred against the judgment

and award dated 17th February, 2022 passed by the

learned Additional District Judge-cum-Judge, Motor

Accident Claims Tribunal, 7th Court, Paschim

Medinipur, in MAC case 11 of 2014 under Section 166

of the Motor Vehicles Act, 1988.

As per report of the Additional Stamp Reporter

dated 7th April, 2022, the appeal is preferred within the

statutory period of limitation. Accordingly, the appeal is

formally admitted and registered.

Call for the lower court records.

Department is directed to take effective steps for

bringing the lower court records from the learned

Tribunal within two weeks from date.

Upon receipt of the lower court records, the

Office shall examine the same and if found to be

complete and in order, shall serve notice of arrival of

the lower court records upon the learned advocate for

appellants-claimants within a period of two weeks of

such arrival.

Upon receipt of notice of arrival of lower court

records, learned advocate for the appellant-insurance

company shall prepare and file requisite numbers 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 of service of

notice of arrival of lower court records.

Since the respondent no.1 has already entered

appearance, service of notice of appeal upon the said

respondent is dispensed with.

Mr. Mondal, learned advocate for appellant-

claimant 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 owner of

the offending vehicle. In the aforesaid backdrop, service

of notice of appeal upon respondent no.2 stands

dispensed with.

Let the matter appear one week after reopening

of the Court after the ensuing puja vacation.

          <                     (Bivas Pattanayak, J.)