National Insurance Co.Ltd vs Amita Maity & Ors
2022 Latest Caselaw 7860 Cal

28.11.2022
SL No. 7
Ct No. 654
  Sk


                    F.M.A.T. 317 of 2019
             CAN 1 of 2019(Old No. CAN 3798 of 2019)

                   National Insurance Co.Ltd.
                                vs
                       Amita Maity & Ors.


               Mr. Rajesh Singh
                            ...for the appellant.

               Re: CAN 1 of 2019 (Old no. CAN 3798 of 2019)
                    This is an application for stay of operation of

             impugned judgment and award dated 6th December

             2018 passed by Additional District Judge cum

             Judge, Motor Accident Claims Tribunal, Fast Track,

             1st Court, Tamluk, Purba Medinipur, in MAC Case

             no.77 of 2013 under Section 166 of the Motor

             Vehicles Act, 1988.

                    Mr. Rajesh Singh, learned advocate for

             appellant-insurance company submits that already

             the amount of compensation granted by the learned

             tribunal has been received by the claimants and

             hence insurance company does not intend to press

             the present application for stay of operation of

             impugned judgment and award.

                    In view of the aforesaid submissions made

             on behalf of the appellant-insurance company the

             present application being CAN 1 of 2019 (Old no.

             CAN 3798 of 2019) stands dismissed as withdrawn.
              2




FMAT 317 of 2019

        This appeal is directed against the judgment

and award dated 6th December 2018 passed by

Additional       District   Judge   cum    Judge,   Motor

Accident Claims Tribunal, Fast Track, 1st Court,

Tamluk, Purba Medinipur, in MAC Case no.77 of

2013 under Section 166 of the Motor Vehicles Act,

1988.

        As per report of Stamp Reporter dated

26.3.2019 the appeal is filed within statutory period

of limitation.

        Accordingly, the appeal is formally admitted

and registered.

        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 within a period of two weeks.

        Learned        advocate     for   the   appellant-

insurance company upon receipt of notice of arrival

of lower court records shall prepare and file requisite

numbers of informal paper books incorporating all

relevant papers and documents including pleadings,
             3




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 two weeks.

Matter to go out of list.

Liberty to mention.

(Bivas Pattanayak J.)