United India Insurance Co. Ltd vs Debasish Ghosh & Ors
2022 Latest Caselaw 8141 Cal

08.12.2022
 SL No. 2
Ct No. 654
  Ali


                    F.M.A. 3182 of 2015
             1A No. CAN 1 of 2015 (Old No: CAN/5180/2015)

                   United India Insurance Co. Ltd.
                             Vs
                     Debasish Ghosh & Ors.

              Mr. Parimal Kumar Pahari
                              ...for the appellant-Insurance Co.
              Mr. Saidur Rahaman
                          .....for the respondent No. 1-claimant.

Re: CAN 1 of 2015 (Old no. CAN 5180 of 2015)

This is an application for stay of operation of

impugned award.

Mr Parimal Kumar Pahari, learned advocate

for appellant-insurance company submits that the

insurance company has already deposited the entire

awarded sum in terms of order dated 5.5.2016 and

he submits for making the order of stay absolute till

the disposal of the appeal.

Mr Saidur Rahaman, learned advocate

appears for respondent no.1-claimant.

By an order dated 5.5.2016 stay of operation

of impugned award was granted on condition to

deposit the entire awarded sum less statutory

deposit and in the event such amount is deposited

the stay shall continue till disposal of the appeal.

The appellant-insurance company in terms of the

said order has already deposited an amount of

Rs.2,64,100/- vide OD Challan no. 425 dated

16.5.2016. Since deposit has been made by the

insurance company in terms of order of this court,

the stay granted vide order dated 5.5.2016 is made

absolute till the disposal of the appeal.

Accordingly, CAN 1 of 2015 (Old no. CAN

5180 of 2015) stands disposed of.

FMA 3182 of 2015

This appeal is directed against the judgment

and award dated 27th February 2015 passed by

learned Addition District Judge cum Judge, Motor

Accident Claims Tribunal, Fast Track, 2nd Court,

Raiganj, Uttar Dinajpur in M.A.C Case no. 49 of

2012 under Section 166 of the Motor Vehicles Act,

1988.

As per report of Stamp Reporter dated

9.6.2015 the appeal is filed within the statutory

period of limitation.

Accordingly the appeal is formally admitted

and registered.

Mr Saidur Rahaman, learned advocate for

respondent no.1-claimant submits that all the

relevant papers are with him and as such calling for

of lower court records be dispensed with for the time

being. Mr Parimal Kumar Pahari, learned advocate

for appellant-insurance company also concurs with

such submissions. Accordingly, in view of such

submissions made on behalf of the parties calling

for of lower court records is dispensed with at

present.

Learned advocate for respondent no.1-

claimant undertakes to prepare and file informal

paper books. Accordingly, learned advocate for

respondent no.1-claimant is directed to prepare and

file four sets of informal paper books incorporating

all relevant papers and documents including

pleadings, both oral and documentary evidence in

printed, cyclostyled or typewritten form within a

period of four weeks from date.

As respondent no. 1-claimant has already

entered appearance, hence service of notice of

appeal upon respondent no. 1-claimant is dispensed

with.

Appellant-insurance company is directed to

deposit talabana cost along with written up notice

forms for service of notice of appeal upon

respondent no.2, 3 & 4 within a period of two weeks

from date.

Mr Rahaman, learned advocate for

respondent no.1-claimant submits that the claimant

has filed one cross objection being no. COT 22 of

2017.

Since the aforesaid cross objection is

unavailable in the case file, department is directed

to place COT 22 of 2017 in the case file positively on

the next date fixed.

List COT 22 of 2017 on the next date.

Let the matter appear one week after the

Winter Vacation.

(Bivas Pattanayak, J.)