Calcutta High Court (Appellete Side)
The National Insurance Co. Ltd vs Jayanti Shaw & Ors on 2 December, 2022
02.12.2022
SL No. 10
Ct No. 654
Sk
F.M.A. 12 of 2021
IA No. CAN 1 of 2020 (Old No.:CAN/1215/2020)
CAN 2 of 2020 (Old No.:CAN/2452/2020)
CAN 3 of 2020 (Old No.:CAN/2454/2020)
The National Insurance Co. Ltd.
Vs
Jayanti Shaw & Ors.
Mr. Sanjay Paul
...for the appellant-Insurance Co.
Mr Amit Ranjan Roy,
..... for the respondents-claimants.
Re: CAN 1 of 2020 (Old no. CAN 1215 of 2020)
This is an application for stay of operation of
impugned judgment and award.
Mr Sanjay Paul, learned advocate for
appellant-insurance company submits that the
insurance company has already deposited the entire
awarded sum in terms of order dated 31.8.2022 and
he prays for making the order of stay absolute till
disposal of appeal. He files photocopy of challan
being no.1797 dated 8.9.2022.
Mr Amit Ranjan Roy, learned advocate
appears for respondents-claimants.
It is found from the photocopy of challan
being no.1797 dated 8.9.2022 (original produced
during hearing), that the insurance company has
deposited an amount of Rs. 1,07,22,091/- with the
Registry of this court. In view of the above, the order
of stay dated 31.8.2022 is made absolute till the
disposal of the appeal.
The application being CAN 1 of 2020 (Old
no. CAN 1215 of 2020) stands disposed of.
Re: CAN 3 of 2020 (Old no. CAN 2454 of 2020)
This is an application for recording the
attainment of majority of respondent no.3 namely
Varsha Shaw.
Mr Amit Ranjan Roy, learned advocate for
respondents-claimants submits that respondent
no.3 has attained majority as per her date of birth
appearing in her Madhyamik Certificate annexed to
the application.
It is found from the Madhyamik certificate
annexed to the application that the date of birth of
respondent no. 3 is 20.8.2000 and as such she has
attained majority.
Let the majority of respondent no. 3 be
recorded in the memorandum of appeal.
Department is directed to record the
aforesaid in the memorandum of appeal.
This application being CAN 3 of 2020 (Old
no. CAN 2454 of 2020) stands disposed of.
FMA 12 of 2021
Mr Sanjay Paul, learned advocate seeks
accommodation to prepare informal paper books. He
further submits for dispensing with service of notice
of appeal upon respondent no.5-owner of the
offending vehicle as he did not contest the claim
application before the learned tribunal. It appears
from the impugned judgment that respondent no.5-
owner of the offending vehicle did not contest the
claim application before the learned tribunal and the
case was disposed of exparte against him. In the
aforesaid backdrop service of notice of appeal upon
respondent no.5 -owner of the offending vehicle is
dispensed with.
Learned advocate for appellant-insurance
company is directed prepare three sets of informal
paper-books. One of such informal paper book set
be filed in court and another be supplied to learned
advocate for respondents-claimants. This is made in
modification to order dated 31.8.2022.
In view of the above, let the matter appear
on 16.12.2022.
(Bivas Pattanayak, J.)
