Iffco Tokio General Insurance Co. ... vs Shantilata Pari & Ors
2022 Latest Caselaw 8369 Cal

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.

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

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.)