National Insurance Co. Ltd vs Barha Hansda & Ors
2022 Latest Caselaw 7457 Cal

 10.11.2022
 SL No. 26
Court No. 654
  Ali


                              F.M.A. 4 of 2022
                              IA No: CAN 1/2021

                        National Insurance Co. Ltd.
                                  versus
                        Barha Hansda & Ors.
                                  With
                             COT 36 of 2021
                 Mr. Sanjay Paul
                                        ......for the appellant.
                 Mr. Jayanta Kumar Mandal
                            ...for he respondents-claimants.

This appeal is preferred against the judgement and award dated 9th December, 2020 passed by the learned Additional District Judge-Cum Judge, Motor Accident Claims Tribunal, Fast Track Court, Durgapur, Paschim Bardhaman in M.A.C. Case No. 98 of 2018 under Section 166 of the Motor Vehicles Act.

The appeal is filed within time.

Accordingly the appeal is formally admitted and registered.

Mr. Sanjay Paul, learned advocate for the appellant-Insurance Company submits that the Lower Court Records need not be called for at present.

Mr. Jayanta Kumar Mandal, learned advocate for the respondents-claimants submits that all the relevant papers are with him and he undertakes to prepare the informal paper books. In view of the submissions as above, the calling for Lower Court Records is dispensed with for the time being.

Learned advocate for the respondents-claimants is directed to prepare requisite number of informal paper books printed, typewritten or cyclostyled incorporating all relevant documents including oral and documentary evidence. One set of such informal paper book be served upon learned advocate for the appellant-Insurance Company and another set be filed in court within seven days from date. Mr. S. Paul, learned advocate for the appellant- Insurance Company submits that respondent No. 4, owner of the offending vehicle, did not contest the claim application and the case was disposed of exparte against him and as such service of notice of appeal upon respondent No. 4 (owner) of the offending vehicle be dispensed with. It appears from the impugned judgment that though respondent No. 4, owner of the offending vehicle, filed written statement but subsequently did not contest the case and the case was disposed of exparte against him.

In the aforesaid backdrop service of notice of appeal upon respondent No. 4, owner of the offending vehicle, is dispensed with.

CAN 1 of 2021 This is an application for stay of operation of the Judgment and Award.

Mr. Sanjay Paul, learned advocate for the appellant-Insurance Company submits that in terms of order dated 01.08.2022 the appellant-Insurance Company has deposited the entire awarded amount of Rs. 1,85,94,355/- with the learned Registrar General, High Court, Calcutta.

It appears from the FMA Section that an amount of Rs. 1,85,94,355/- has been deposited vide OD Challan No. 1572 dated 18.08.2022. In view of the above, the stay of operation of impugned judgment and award granted vide order dated 01.08.2022 is made absolute till the disposal of the appeal.

The application being CAN 1 of 2021 is accordingly disposed of.

Let the matter appear on 18.11.2022.

(Bivas Pattanayak, J.)