Khatija Bibi & Ors vs The Oriental Insurance Co. Ltd. & ...
2023 Latest Caselaw 6585 Cal

27.09.2023
 Ct. 654
 D/L 247
  ab

                      IN THE HIGH COURT AT CALCUTTA
                       CIVIL APPELLATE JURISDICTION
                             APPELLATE SIDE

                              FMA 526 of 2021
                                    With
                  CAN 1 of 2019 (Old No. CAN 4062 of 2019)

                             Khatija Bibi & Ors.
                                     -Vs-
                    The Oriental Insurance Co. Ltd. & Anr.

             Mr. Krishanu Banik,
             Mr. Tathagata Banik
                                      ... for the appellants-claimants


                                Re: FMA 526 of 2021

                   This appeal is preferred against the judgment and

             award dated 6th December, 2018 passed by the learned

             Additional District Judge-cum-Judge, Motor Accident

             Claims Tribunal, 13th Court, Alipore, 24 Parganas

             (South) in MAC Case No. 02 of 2015 under Section 166

             of the Motor Vehicles Act, 1988.

                   As per the report of the Additional Stamp

             Reporter dated 4th March, 2019, the appeal is preferred

             within the statutory period of limitation.

                   Accordingly, the appeal is formally admitted and

             registered.

                   None appears on behalf of the respondent no. 1-

insurance company.

Mr. Krishanu Banik, 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 for the time being and

he undertakes to prepare informal paper books. He also

informs the Court that Mr. Sanjay Paul, is the

conducting learned advocate for the insurance

company.

In view of submissions advanced on behalf of the

appellants-claimants, 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 a period of four weeks from date.

It is found from the office report dated 1st May,

2023 that notice of appeal upon the respondent nos. 1

and 2 has already been issued vide memo no. 1419-

FMA and memo no. 1420-FMA dated 26th April, 2023.

Department concerned is directed to place the

CAN 1 of 2019 (Old No. CAN 4062 of 2019) in the case

file positively on the next date fixed.

Let the matter appear one week after the ensuing

Puja Vacation under the heading "Hearing".

( Bivas Pattanayak, J.)