Calcutta High Court (Appellete Side)
Nazam Begum @ Begam Najama & Anr vs The New India Assurance Co. Ltd. & Anr on 5 June, 2023
05.06.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.109
ss <
F.M.A.T.(MV) 470 of 2022
,
Nazam Begum @ Begam Najama & anr.
Vs.
The New India Assurance Co. Ltd. & anr.
,,
Mr. Subhankar Mandal
... for the appellants-claimants
Re : F.M.A.T. (MV) 470of 2022
This appeal is preferred against the judgment
dated 29th July, 2022 passed by the learned Additional
District Judge-cum-Judge, Motor Accident Claims
Tribunal, 7th Court, Paschim Medinipur in M.A.C. Case
No.531 of 2018 under Section 166 of the Motor Vehicles
Act, 1988.
As per report of the Stamp Reporter dated 2nd May,
2023 the appeal is preferred within the statutory period of
limitation.
Accordingly, the appeal is formally admitted and
registered.
Let the lower court records be called for.
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
2
records upon the learned advocate for appellants-
claimants within a period of two weeks of such arrival.
Learned Advocate for the appellant-claimants is
directed to 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 the date of service of notice of
arrival of lower court record.
Mr. Subhankar Mandal, learned Advocate for the
appellants-claimants submits for dispensation of service
of notice of appeal upon the respondent no.2, owner of
the offending vehicle, since he did not contest the claim application. It is found from the impugned judgement that the respondent no.2, owner of the offending vehicle, though filed written statement but did not contest the claim application and the judgement was delivered ex parte against him. In the aforesaid backdrop, service of notice of appeal upon the said respondent is dispensed with at the risk of the appellants-claimants.
Since the respondent no.1-Insurance Company has already entered appearance, hence service of notice of appeal upon the said respondent is dispensed with.
Let the matter go out of list. Liberty to mention.
(Bivas Pattanayak, J.)