Kalpana Bagdi & ORS v. Abdul Sabur & ANR

02 & 03 09.03.2023 Ct. No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURICTION APPELLATE SIDE FMA 680 of 2008 Smt. Kalpana Bagdi & Ors.

Vs.

Sri Abdul Sabur & Anr.

with FMAT 1468 of 2008 Abdul Sabur Vs.

Smt. Kalpana Bagdi & Ors.

Mr. Jayanta Kumar Mondal ... For the appellants/claimants in FMA 680 of 2008 & respondents/claimants in FMAT 1468 of 2008 Mr. Animesh Das ... For the New India Assurance Company Limited in both the Appeals Mr. Animesh Das, learned advocate, on behalf of the New India Assurance Company Limited has mentioned this matter on the ground that in the judgment passed on 8th February, 2023 in FMA 680 of 2008 and FMAT 1468 of 2008, neither his appearance nor his submission was recorded and submits that initially the learned Tribunal directed the owner of the vehicle to pay compensation. It has been further mentioned on behalf of Mr. Das that he made submission that the learned Tribunal awarded compensation directing the owner to pay compensation on the ground of policy covering liability for the driver only.

Considering the aforesaid facts and circumstances, the name of Mr. Animesh Das, learned advocate, on behalf of the New India Assurance Company Limited be incorporated in the cause title of the order dated 8th February, 2023 and also the aforesaid submission of the learned advocate be incorporated in the fourth page after 3rd paragraph.

Department is directed to incorporate necessary corrections accordingly.

In the aforesaid view of the matter, the New India Assurance Company Limited is directed to deposit the compensation amount in the office of the learned Registrar General, within six weeks from this date, i.e., 9th March, 2023.

This order is deemed to be a part of the order dated 8th February, 2023.

The other remaining portions of the order dated 8th February, 2023 will remain unchanged.

(Bibhas Ranjan De, J.)