Chandana Acharya & Ors vs National Insurance Co. Ltd. & Ors
2023 Latest Caselaw 6583 Cal

27.09.2023
Item No. 35
    BR


                           FMAT 307 of 2019
                                  With
                          IA No. CAN 1 of 2023,

                  Chandana Acharya & Ors.
                               -vs-
               National Insurance Co. Ltd. & Ors.

                Mr. Supratim Halder,
                Mr. Dhananjay Nayek
                            ..... for the appellant
                Mr. M.P.Chakraborty,
                Ms. Swarnali Biswas,
                Ms. Ramadipa Karmakar
                            ... for the respondent no. 1

CAN 1 of 2023

Learned advocate appearing on behalf of the appellant submits that the appellant no. 4, the father of the deceased died on 12 th October, 2022. The death certificate is also annexed with the application. The other legal heirs of the deceased have already on record. Therefore, the name of the appellant no. 4 may be expunged from the cause title of the memo of appeal. He also prays for leave to correct the mistakes made in the application. Leave is granted to correct the same.

Heard, the name of the appellant /claimant no. 4 may be expunged from the cause title of the memo of appeal.

The department is directed to take appropriate steps to amend the cause title accordingly.

CAN 1 of 2023 is, thus, disposed of.

FMAT 307 of 2019

The appellant has assailed the judgment and award dated 24th December,2018 passed by the learned Motor Accidents Claims Tribunal , Tamluk in MACC No. 13 of 2017, thereby the learned Tribunal dismissed the claim application on contest. The grounds set forth by the appellant in the memo of appeal are good grounds for hearing the appeal. Accordingly, the appeal is formally admitted and registered.

Call for the lower Court Record.

The appellant is ready to bear the special

messenger cost within one week from this day.

Accordingly, appellant-claimant is

directed to deposit Special Messenger's costs for

bringing the lower Court records within a week

from date. Department is directed to take

effective steps for bringing the lower Court

records from the learned tribunal within two

weeks after deposit of the Special Messenger's

cost.

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 lower court records upon learned

advocate for the appellant.

Upon receipt of notice of arrival learned

advocate for appellant-claimant shall prepare

and file requisite number of informal paper

books incorporating all relevant papers and

documents including pleadings, both oral and

documentary evidence in printed, cyclostyled or

typewritten form within the period of four weeks

from date of service of notice of arrival of lower

court records.

Appellant -claimant is further directed to

deposit Talabana cost along with written up

notice forms for service of notice of appeal upon

the respondents.

Parties are given liberty to mention, if

the case is ready in all respects, for early

hearing.

( Ajay Kumar Gupta, J. )