Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Shila Das & Ors on 8 December, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
08.12.2023
SL No.22
Court No. 551
Ali
FMAT (MV) 667 of 2023
With
IA No.:CAN/1/2023
The Oriental Insurance Co. Ltd.
Vs.
Shila Das & Ors.
Ms. Sayanti Santra
....... for the appellant/Insurance Co.
The instant appeal is preferred against the
Judgment and Award dated 18th August, 2023
passed by learned Judge, Motor Accident Claims
Tribunal, 1st Court, Tamluk, Purba Medinipur, in
M.A.C. Case no. 225 of 2017.
The insurance company has preferred the
instant appeal against the award.
The report of the Additional Stamp Reporter
suggests that the appeal is preferred within time.
Accordingly, the appeal is formally admitted.
Register the same.
Department shall take necessary steps to
call for the LCR from the office of the learned
tribunal.
On reaching the LCR the department is to
verify the same, on such verification if it is found to
be complete and in order, a notice of such LCR shall
serve upon the advocate on record for the appellant
within 15 days. After receiving such notices the
2
learned advocate for the appellant shall prepare
requisite number of paper books, containing
pleadings and proofs both oral and documentary of
LCR out of Court.
The appellant is directed to submit those
paper books with the department within four weeks.
The appellant is directed to serve notices of
appeal upon the respondents by putting up
Talabana cost with the filled up notices form to the
concerned department within a fortnight. After such
deposit the department shall ensure causing service
of notices of appeal upon the respondents.
Ref.: CAN 1 of 2023
The instant appeal is preferred against the
Judgment and Award dated 18th August, 2023
passed by learned Judge, Motor Accident Claims
Tribunal, 1st Court, Tamluk, Purba Medinipur, in
M.A.C. Case no. 225 of 2017.
Learned advocate Ms. Sayanti Santra
appearing on behalf of the insurance company
submits that the appellant insurance company has
already deposited the statutory amount of Rs.
25,000/- vide OD Challan No. 2192, dated
17.10.2023.
Learned advocate for the insurance company
further submits that she undertakes to deposit the
entire awarded sum less statutory deposit with this
Court for the interest of the appeal.
Considering the submission made by the
insurance company and considering the readiness
and willingness of the insurance company to
proceed with this matter; there shall be an interim
order of stay of the operation of the impugned award
dated 18.08.2023 till 22nd January, 2024. .
The insurance company is directed to
deposit the entire awarded amount less statutory
deposit with the office of the learned Registrar
General, High Court, Calcutta, within the statutory
period, if such deposit is being made the interim
order of stay passed by this Court shall be
continued till the deposal of the instant application;
failing which the order of stay shall be vacated
automatically.
On such deposit the office of learned
Registrar General, High Court, Calcutta shall invest
the same according to the prevalent Rules.
The insurance company is directed to serve
the copy of the application to the respondents and
file affidavit of service on the returnable date.
Let the matter appear in the list under the
heading "Application" on 29th January, 2024.
All parties shall act on the server copy of
this order duly downloaded from the official website
of this Court.
(Subhendu Samanta, J.)
