Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Mira Rani Chowdhury & Anr on 21 August, 2023
21.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.68 APPELLATE SIDE
KB ,,
F.M.A. 1854 of 2018
with
IA No. CAN 1 of 2017
(Old No. CAN 12037 of 2017)
with
IA No. CAN 2 of 2019
(Old No. CAN 6352 of 2019)
,
United India Insurance Co. Ltd.
Vs.
Mira Rani Chowdhury & Anr.
,,
Mrs. Sucharita Paul
... For the appellant-Insurance Co.
Mr. Sahidur Rahaman
... For the Respondents/Claimants.
In Re: IA No. CAN 1 of 2017
(Old No. CAN 12037 of 2017)
This is an application for stay of impugned
judgment and award.
By order dated 17th May, 2018, interim stay was
granted with a direction upon the insurance company to
deposit the compensation amount together with interest.
Mrs. Sucharita Paul, learned advocate for
appellant-insurance company submits that pursuant to
order of this Court the entire awarded sum together with
interest has been deposited on 14th June, 2018. She
submits for making the order of stay absolute till the
disposal of the appeal.
The Office Report shows that an amount of
Rs.4,57,312/- has been deposited before the Registry of
this Court vide OD Challan No. 535 dated 14th June,
2018 in terms of Order of this Court dated 17th May,
2018. Since the appellant-insurance company has
complied the order of this Court, the interim order of stay
dated 17th May, 2018 is made absolute till the disposal of
this appeal.
IA No. CAN 1 of 2017 (Old No. CAN 12037 of
2017) stands disposed of.
In Re: FMA 1854 of 2018
This appeal is preferred against the judgment
and award dated 24th October, 2017 passed by learned
Judge, Motor Accident Claims Tribunal, Re-designated
Court, Paschim Medinipur in M.A.C. Case No. 528 of
2014 under Section 163A of the Motor Vehicles Act, 1988.
As per Report of the Stamp Reporter dated 9th
February, 2018, the appeal is preferred within the
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 two weeks from date.
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 the lower court
records upon the learned advocate for appellant-
insurance company within a period of two weeks of such
arrival.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant-insurance
company shall prepare and file requisite numbers of
informal paper books incorporating all relevant papers
and documents including the pleadings and evidence,
both oral and documentary, in printed or typewritten or
cyclostyled form, as the case may be, out of court, within
a period of four weeks from date of service of notice of
arrival of lower court records.
The appellant-insurance company is directed to
deposit talabana costs together with written up notice
form for causing service of notice of appeal upon the
respondent no.2-owner of the offending vehicle.
Since the respondent no.1-claimant has already
entered appearance, hence service of notice upon the said
respondent is dispensed with.
Matter to go out of the list.
Liberty to mention.
< (Bivas Pattanayak, J.)
