The New India Assurance Co. Ltd vs Sri Sukhendranath Saha & Anr
2022 Latest Caselaw 7652 Cal

                         IN THE HIGH COURT AT CALUTTA
                            Civil Appellate Jurisdiction
 18.11.2022
 SL No.10
Court No. 654
   Ali


                          F.M.A.T. 353 of 2019
                 IA No: CAN/1/2019 (Old No: CAN/3645/2019)
                        CAN/2/2019 (Old No: CAN/3659/2019)
                        CAN/3/2019 (Old No: CAN/2897/2019)

                          The New India Assurance Co. Ltd.
                                  Vs.
                         Sri Sukhendranath Saha & Anr.


                         Mr. Sanjay Paul
                            ....for the Appellant-Insurance Company.


                         Affidavits of service filed in respect of both

                the respondents are taken on record.

Re:CAN 1 of 2019 (Old No. CAN 3645 of 2019)

This is an application for condonation of

delay.

Mr Sanjay Paul, learned advocate for

appellant-insurance company submits that there is

nominal delay of 16 days in preferring the appeal

and as such the delay be condoned.

The affidavits of service show that the copy

of this application has been served upon the

respondents. None appears on behalf of the

respondents.

As per the report of Stamp Reporter dated

2.4.2019 there is delay of 14 days. The appellant-

insurance company has made out a ground that in

order to complete legal formalities there has been

delay in preferring the appeal. The cause shown is

sufficient to condone the delay. Accordingly, delay of

14 days in preferring the appeal is condoned.

The application being CAN 1 of 2019 (Old

No. CAN 3645 of 2019) stands allowed and

disposed of.

This appeal is directed against the judgment

and award dated 15th November 2018 passed by

Additional District Judge cum Judge, Motor

Accident Claims Tribunal, Suri, Birbhum in MAC

Case no.44 of 2013 under Section 163A of the Motor

Vehicles Act,1988.

The appeal is formally admitted and

registered.

Mr Paul, learned advocate for appellant-

insurance company submits that all the relevant

papers are with him and as such calling for of lower

court records be dispensed with. In view of such

submissions, calling for of lower court records is

dispensed with for the time being.

Mr Paul, learned advocate for appellant-

insurance company undertakes to prepare the

informal paper books. Accordingly learned advocate

for appellant-insurance company is directed to

prepare and file requisite numbers of informal paper

books incorporating all relevant papers and

documents, pleadings, both oral and documentary

evidence in printed, cyclostyled or typewritten form

within a period of four weeks. One set of such

informal paper books be filed in court. On

appearance of the respondents, one set of such

informal paper books be also served upon learned

advocate for respondents.

Mr Paul, learned advocate for appellant-

insurance company further submits that the service

of notice of appeal upon respondent no.2-owner of

the offending vehicle be dispensed with since she did

not contest the claim application. It appears from

the impugned judgment that respondent no.2-owner

of the offending vehicle did not contest the claim

application and the case was disposed of exparte

against her. In view of above service of notice of

appeal upon respondent no.2-owner of the offending

vehicle is dispensed with.

Appellant is directed to deposit Talbana cost

along with written up notice forms for service of

notice of appeal upon respondent no.1-claimant.

Re: CAN 2 of 2019( Old No. CAN 3659 of 2019)

This is an application for stay of operation of

impugned judgment and award dated 15 November

2018 passed by Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Suri,

Birbhum in MAC Case no.44 of 2013 under Section

163A of the Motor Vehicles Act,1988.

By an order dated 15th November 2018 the

learned tribunal granted compensation in favour of

the claimant to the tune of Rs.5,00,000/-under

Section 163A of the Motor Vehicles Act, 1988.

Mr Sanjay Paul, learned advocate for

appellant-insurance company submits that the

insurance company has already deposited the

statutory amount of Rs.25,000/-and is ready and

willing to deposit the entire awarded sum along with

interest before the learned Registrar General, High

Court, Calcutta less statutory deposit within such

period as would be directed by this court. On such

count he prays for stay of operation of impugned

judgment and award.

It appears from the report of Computer

Section, Appellate Side, High Court, Calcutta dated

2.4.2019 that no caveat has been lodged.

The affidavits of service show that the copy

of this application has been served upon the

respondents.

The report of the SR section shows that an

amount of Rs 25,000/-has been deposited in terms

of Section 173(1) of the Motor Vehicles Act with the

Registry of this Court vide OD challan no.76 dated

10.4.2019.

In view of the readiness and willingness on

the part of appellant-insurance company to deposit

the entire awarded sum along with interest less

statutory deposit, there shall be stay of impugned

judgment and award for a period of four weeks.

Appellant-insurance company is directed to deposit

the entire awarded sum along with interest less

statutory deposit before the learned Registrar

General, High Court, Calcutta within the period of

four weeks.

In the event the appellant-insurance

company make deposit of the aforesaid amount the

stay shall continue till the disposal of the appeal. In

default to make deposit of the aforesaid amount the

stay shall stand automatically vacated without

reference this court.

Learned Registrar General, High Court,

Calcutta shall ensure that the amount to be

deposited by the appellant-insurance company be

invested in a short term auto-renewable scheme of

any nationalised bank until further orders.

Let the matter go out of list. Liberty to

mention.

(Bivas Pattanayak, J.)