Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Shanto Dhibar @ Tarapada & Ors on 13 December, 2023
13.12. 2023
item No.21
n.b.
ct. no. 551 FMAT(MV) 509 of 2022
with
IA No. CAN 1 of 2023
+
CAN 2 of 2023
+
CAN 3 of 2023
+
CAN 4 of 2023
+
CAN 5 of 2023
The Oriental Insurance Co. Ltd.
Vs.
Shanto Dhibar @ Tarapada & Ors.
Mr. Sanjay Paul,
Ms. J. Ghosh,
..... for the appellant.
Mr. Amit Ranjan Roy
.... For the respondent.
This appeal has been preferred against the
judgment and award dated June 27, 2022 passed by the
learned Judge, M.A.C. Tribunal, 3rd Court, Tamluk, Purba
Medinipur in M. A. C case No.36 of 2015.
In Re. CAN 2 of 2023.
This is an application for condonation of delay in
preferring the appeal. The report of the stamp reporter
suggest that there are 33 days delay in preferring the
instant appeal.
The contesting respondent nos. 1 & 2 has made
their appearance through the learned advocate Mr. Roy. It
appears that the grounds mentioned in the application
being CAN 2 of 2023 is sufficient. Accordingly, the delay
in preferring the instant appeal is hereby condoned.
Accordingly, the appeal is allowed.
Register the same.
Learned advocate for the respondent submits that
he has received all certified copy of the LCR from the office
of the learned Tribunal and he is ready to prepare the
informal paper book for the purpose of speedy disposal of
the appeal. Accordingly, calling for the LCR is dispensed
with.
The respondent nos1 and 2 is directed to prepare
the informal paper book at least in number three
containing all pleadings and proof both oral and
documentary of the LCR and file the same within the
returnable date.
The appellant is directed to serve notice of appeal
upon he respondents except respondent no.1 and 2 by
putting the Talabana cost with filled up notices form to
the department within fortnight.
In Re. CAN 3 of 2023 & CAN 5 of 2023
Both the applications are taken up together for the
gravity of hearing.
CAN 3 of 2023 was filed by the appellant/Insurance
Company for addition of parties, namely, Aysa Khatoon
and Sarfuddin Ansari on the ground that they are the
owner of a vehicle involved in the accident and they were
party in the proceeding before the learned Tribunal but
their name was not incorporated in the memo of the
appeal.
CAN 5 of 2023 was preferred by the
claimant/respondent nos.1 and 2 on the ground that after
the award have been passed, the respondent namely, Aysa
Khatoon and Sarfuddin Ansari were died before filing of
the instant appeal. It is the submission of the learned
advocate for the claimants/respondent nos. 1 & 2 that the
name of the legal hairs deceased namely, Aysa Khatoon
and Sarfuddin Ansari need be incorporated in the memo
of the appeal and they are the necessary party to this
proceeding.
Considering the submissions, it appears that
petitioners of CAN 5 of 2023 are the necessary parties to
the appeal. Thus, CAN 3 of 2023 and CAN 5 of 2023 are
disposed of with a direction that the departament shall
make necessary amendment in the cause title of the
memo of the appeal in respect of legal heirs of the
deceased namely, Aysa Khatoon and Sarfuddin Ansari
mentioned in the paragraph 6 of the CAN application no.5
of 2023. They shall be made party respondents.
The department is directed to correct the memo of
the appeal within a fortnight.
Accordingly, CAN 3 of 2023 and CAN 5 of 2023 are
disposed of.
In Re. CAN 4 of 2023.
This is an application for necessary correction in the
memo of the appeal in respect of respondent nos. 1 and 2.
Heard the learned advocate for the respondent nos.
1 and 2. Perused the copy of the Aadhar Card. The prayer
appears to me justified and the same is allowed.
The department is directed to correct the name of
the respondent in the cause title of the memo of the
appeal according to the prayer of CAN 4 of 2023.
In re. CAN 1 of 2023
This is application for stay of operation of the
impugned award dated 27.6.2022. The learned advocate
for the appellant submits that at the time of filing of
instant appeal, the insurance company has deposited the
statutory deposit vide OD Challan no.2536 dated
21.11.2022 amounting to Rs.25,000/-. The insurance
company is also ascertained that if the necessary direction
be made, the Insurance Company shall deposit the entire
awarded sum less the statutory deposit.
Considering the submission of the learned advocate
for the Insurance Company and on considering the
readiness and willingness on behalf of the Insurance
Company there shall be an order of stay of the impugned
order on 27.6.2022 till January 17, 2024.
The Insurance Company is directed to deposit the
entire awarded sum less statutory deposit within the
period. If such deposit is made, the interim order passed
by this Court shall be extended till the disposal of the
instant application, failing which the interim order of stay
shall be vacated automatically. After such deposit is
made, the office of the learned Registrar General, High
Court, Calcutta shall invest the same according to the
prelevant rules.
The appellant is directed to serve copy of the
application upon the respondent nos. 1 & 2 and file
affidavit of service on the returnable date.
List the matter on January 22, 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.)
