15.12.2022
Sl. No. 63
Ct No. 654
Ali
F.M.A.T. 31 of 2020
IA No: CAN/1/2021, CAN/2/2021
IFFCO Tokio General Insurance Co. Ltd.
Vs
Shantilata Pari & Ors.
Mr. Rajesh Singh
....for the appellant-Insurance Co.
Affidavit of service filed on behalf of the
appellant-insurance company is taken on record.
Re: CAN 2 of 2021
Mr Rajesh Singh, learned advocate for
appellant-insurance company submits that in terms
of order dated 5.8.2022 the insurance-company has
already deposited the entire amount of award
together with interest and he submits for making
the order of stay absolute till the disposal of the
appeal.
It appears from the report of SR Section that
the insurance company has deposited an amount of
Rs. 2,62,327/-with the Registry of this court vide
OD challan no.1589 dated 22.8.2022. As the
appellant-insurance company has complied with
order of this court hence the stay of operation of
impugned judgment and award granted vide order
dated 5.8.2022 is made absolute till the disposal of
the appeal.
2
The application being CAN 2 of 2021 stands
disposed of.
Re: CAN 1 of 2021
This is an application for condonation of
delay in preferring the appeal.
Mr Rajesh Singh, learned advocate for
appellant-insurance company submits that for
taking necessary legal steps there has been delay of
145 days in preferring the appeal and he submits for
condonation of such delay.
The affidavit of service shows that the
registered sealed envelope sent to the respondents
has returned back undelivered. However it is found that the registered envelope has been sent to the proper address of the respondents as provided in the claim application and is correctly stamped.
In the above premises the present application for condonation of delay is taken up for consideration.
It appears from the report of Additional Stamp Reporter dated 10.6.2022 that there is delay of 145 days in preferring the appeal. The cause shown is sufficient to condone such delay of 145 days. Accordingly, such delay stands condoned.
The application being CAN 1 of 2021 stands disposed of.
3
The appeal is formally admitted and registered.
FMAT 31 of 2020 This appeal is directed against the judgment and award dated 23rd July 2019 passed by learned Additional District Judge cum Judge, Motor Accident Claims Tribunal, 3rd Court, Howrah in M.A.C Case no. 105 of 2015 under Section 166 of the Motor Vehicles Act, 1988.
Call for the lower court records. Department is directed to take effective steps for bringing the lower court records from the learned tribunal within a period of two weeks.
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 lower court records upon learned advocate for the appellant-insurance company within a period of two weeks.
Upon receipt of notice of arrival learned advocate for appellant-insurance company shall prepare and file requisite numbers of informal paper books incorporating all relevant papers and documents including pleadings, both oral and documentary evidence in printed, cyclostyled or typewritten form within the period of four weeks 4 from date of service of notice of arrival of lower court records.
Appellant-insurance company is directed to deposit Talabana cost alongwith written up notice forms for service of notice of appeal upon the respondents within a period of two weeks.
Matter to go out of list.
Liberty to mention.
(Bivas Pattanayak, J.)