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2024 Supreme(Cal) 1051

AJAY KUMAR GUPTA
Ganesh Ghosh – Appellant
Versus
Shriram General Insurance Company Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Krishanu Banik, Tathagata Banik.
For the Respondent: Rajesh Singh.

JUDGMENT :

AJAY KUMAR GUPTA, J.

1. Two appeals being FMA 159 of 2017 and FMAT 1272 of 2016 have been filed by two different sets of appellants against the self-same judgment and award dated 15th July, 2016 passed in MAC Case No. 253 of 2013 and MAC Case No. 254 of 2013 respectively by the learned Additional District & Sessions Judge, 3rd Court-cum-Learned Judge, MAC Tribunal Court, Hooghly, Sadar, thereby the learned Tribunal Judge dismissed both the claim cases on contest against respondent/insurance company without any order as to cost. The learned Tribunal has given liberty to the claimants to file MAC case against the owner of the trekker being registration no. WB-19-3703 or the insurance company of the trekker, if any, with a prayer for compensation.

2. The other appeal being FMA 1530 of 2017 has been filed by the Shriram General Insurance Company against the judgment and awarded dated 7th May, 2016 passed by the learned Additional District & Sessions Judge, 1st Court, Hooghly-cum-learned Judge, Motor Accident Claims Tribunal in MAC Case No. 252 of 2013 thereby the learned Tribunal Judge allowed the case ex parte against the owner and on contest against the respondent/insurance c

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