Calcutta High Court (Appellete Side)
Cholamandalam Ms General Insurance Co. ... vs Sharmistha Sardar & Ors on 11 December, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
11.12.2023
SL No.23
Court No. 551
Ali
FMAT (MV) 722 of 2023
With
IA No.:CAN/1/2023
Cholamandalam MS General Insurance Co. Ltd.
Vs.
Sharmistha Sardar & Ors.
Mr. Soumalya Ganguli
................ for the appellant.
The instant appeal has been preferred
against the judgment and award dated 8th August,
2023 passed by learned Judge, Motor Accident
Claims Tribunal, Diamond Harbour, in MAC Case
no. 99 of 2021 under Section 166 of M.V. Act.
The report of the Stamp Reporter suggests
that the appeal was in time.
Accordingly, the instant appeal is formally
admitted.
Register the same.
The learned advocate for the appellant is
directed to serve notices of appeal upon the
respondents by putting up the filled up notices form
with Talabana cost to the concerned department
within a fortnight.
Call for LCR from the office of the learned
tribunal.
On reaching the LCR the department shall
verify 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 a fortnight. On receiving such notice the
learned advocate for the appellant shall prepare a
requisite number of informal paper books including
pleadings and proofs both oral and documentary of
the LCR out of Court within a fortnight.
In Re.:CAN 1 of 2023.
This is an application for stay of operation of
the impugned award dated 8th August, 2023 passed
by the learned tribunal.
Learned advocate for the appellant submits
that the statutory amount of Rs. 25,000/- has
already been deposited under OD Challan No. 2520,
OD dated 29.11.2023.
Learned advocate for the insurance company
submits that he is ready to deposit the entire
awarded sum less statutory deposit with this Court
for the purpose of speedy disposal of the instant
appeal.
He argued the claimants have preferred an
execution proceeding before learned tribunal being
MACC Execution Case No 25 of 2023; if the order
passed by the learned tribunal is executed, the sole
purpose of the instant appeal would be frustrated so
he prayed for necessary stay.
Considering the submission of the learned
advocate 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
08.08.2023 as well as proceeding of MACC
Execution No. 25 of 2023 by stayed till 9th 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 that period, if
the 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.
After such deposit the office of the learned
Registrar General, High Court, Calcutta, is directed
to invest the same according to the prevalent Rules.
The appellant 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 on 17th
January, 2024 under the heading "Application".
All parties shall act on the server copy of
this order duly downloaded from the official website
of this Court.
(Subhendu Samanta, J.)
