The Oriental Insurance Co. Ltd vs Sajeda And Ors
2023 Latest Caselaw 7611 Cal

Calcutta High Court (Appellete Side)

The Oriental Insurance Co. Ltd vs Sajeda And Ors on 8 December, 2023

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 08.12.2023
SL No.37
Court No. 551
   Ali


                        FMAT (MV) 379 of 2023
                                With
                  IA No.:CAN/1/2023 & CAN/2/2023

                       The Oriental Insurance Co. Ltd.
                                     Vs.
                            Sajeda and Ors.


                 Ms. Sayanti Santra
                                              ...for the Insurance Co.

                          In Re.: CAN 2 of 2023

                          Affidavit of service filed on behalf of the

                appellant/insurance company is taken on record.

                          In pursuance to the order of this court dated

                27th    July,   2023,   the   insurance   company   has

                deposited the entire awarded sum less statutory

                deposit amounting to Rs. 11,48,209/- vide OD

                Challan No.1403, dated 04.08.2023.

                          Considering the compliance made on behalf

                of the insurance company the interim order of stay

                passed by this Court on the earlier occasion is herby

                made absolute and be extended till the disposal of

                the instant appeal.

                          Accordingly, the application being CAN 2 of

                2023 is disposed of.

                                 In Re.: CAN 1 of 2023

                          The instant appeal is preferred against the

                Judgment and Award dated 17th March, 2023

                passed by learned Judge, Motor Accident Claims
             2




Tribunal, 2nd   Court, Islampur, Uttar Dinajpur, in

M.A.C. Case no. 40 of 2020.

        The report of the Stamp Reporter suggests

that the appeal is filed in time.

        The application being CAN 1 of 2023 filed for

condonation of delay on perusing the report of

Stamp Reporter, the application being CAN 1 of

2023 is disposed of as infructuous.

        The appeal is formally admitted.

        Registered the same.

        Call for the LCR from the office of the

learned tribunal within four weeks.

        After receipt of LCR the department is to

verify the same, on such verification if it found to be

complete and in order, a notice of such LCR shall

serve upon the advocate on record for the appellant

within two weeks. On receiving such notice, the

learned advocate for the appellant shall prepare a

requisite number of paper books containing all

pleadings and proofs both oral and documentary of

the LCR and file the same in the department within

four weeks thereafter.

         The    appellant/insurance      company     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 four weeks.

Let the matter go out of list.

Parties are at liberty to mention.

Both the applications are disposed of.

(Subhendu Samanta, J.)