Mukherjee, Banerjee, JJ. - (1.) Since the owner of the offending vehicle, that is, the respondent No. 2 did not contest the case in the court below, service of notice of the appeal on the respondent No. 2 is dispensed with.
(2.) Since Mr. Jayanta Kumar Mondal, learned advocate appears for the claimant respondent No. 1, the appeal is treated as ready for hearing by appearance.
(3.) Although this is an application for stay, by consent of the parties, we take up the appeal for final hearing.;