United India Insurance Co. Ltd vs Smt. Chhaya Karmakar & Ors
2023 Latest Caselaw 5455 Cal

23.08.2023
 Ct. 654
 D/L 62
  ab

                     IN THE HIGH COURT AT CALCUTTA
                      CIVIL APPELLATE JURISDICTION
                            APPELLATE SIDE

                                 FMA 405 of 2023
                                      With
                                  CAN 1 of 2023

                        United India Insurance Co. Ltd.
                                      -Vs-
                        Smt. Chhaya Karmakar & Ors.


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

             Mr. Krishanu Banik
                        ... for the respondent nos. 1 & 2-claimants

Re: CAN 1 of 2023

This is an application for stay of operation of the

impugned judgment and award.

By order dated 12th May, 2023, the stay was

granted on condition to deposit the entire awarded sum

together with interest less statutory deposit by the

appellant-insurance company

Mr. Sanjay Paul, learned advocate for the

appellant-insurance company submits that in

compliance with the order of this Court dated 12th May,

2023, the insurance company has already deposited the

awarded sum together with interest before the registry

of this Court and he seeks for making the order of stay

absolute till the disposal of the appeal. He files

photocopy of the challan showing deposit and the same

is taken on record.

Mr. Krishanu Banik, learned advocate for the

respondent nos. 1 & 2-claimants does not raise any

objection.

It appears from the photocopy of the Challan

being No. 618 dated 6th June, 2023 that the insurance

company has already deposited a sum of Rs.

63,13,725/- in compliance with the order of this Court

dated 12th May, 2023. Since the insurance company

has complied with the order of this Court, hence the

order of stay granted on 12th May, 2023 is made

absolute till the disposal of the appeal.

Mr. Sanjay Paul, learned advocate for the

appellant-insurance company submits for dispensing

with service of notice of appeal upon the respondent

nos. 3 and 4, owner of the offending vehicle and the

driver of the vehicle since they did not contest the claim

application. It is found from the impugned judgment

that the respondent No. 3-owner of the offending vehicle

and the respondent no. 4- driver of the vehicle did not

contest the claim application and the same has been

disposed of ex parte against them. In the aforesaid

backdrop, service of notice of appeal upon the

respondent Nos. 3 and 4 stands dispensed with.

Informal paper book filed by the respondents-

claimants in Court today is taken on record. Copy

served.

The application for stay being CAN 1 of 2023

stands disposed of.

Let the matter appear under the heading

"Hearing" on 12th September, 2023 at the top.

( Bivas Pattanayak, J.)