Bajaj Allianz General Insurance ... vs Smt. Chinu Ray &Ors
2023 Latest Caselaw 1134 Cal

10.2.2023
Sl. No. 14
 Ct No. 654
Samarpita


                                FMAT 1482 of 2018
                            IA.CAN 1 of 2017
                            (Old no. CAN 12189 of 2017)

               Bajaj Allianz General Insurance Co. Ltd.
                                      Vs.
                             Smt. Chinu Ray &Ors.

               Mrs. Sucharita Paul
                     ......... for the appellant-Insurance Co.

               Mr. Jayanta Kr. Mondal
                          ....... for the respondents-claimants.

FMAT 1256 of 2017

This appeal is directed against the judgment

and award dated 29th August, 2017 passed by

learned Additional District Judge-cum- Judge Motor

Accident Claims Tribunal, 2nd Court, Hooghly, in

M.A.C. Case No. 68 of 2012 under Section 163A of

the Motor Vehicles Act, 1988.

As per report of Stamp Reporter dated 5th

January, 2018, the appeal is preferred within the

statutory period of limitation.

Accordingly, the appeal is formerly admitted

and registered.

It is found that the lower court records has

already been received and upon examination found

to be complete and in order.

Mr. Jayanta Kr. Mondal, learned Advocate for

respondents-claimants undertakes to prepare

informal paper books. Accordingly, learned advocate

for respondents-claimants is directed to prepare four

sets of paper books incorporating all papers and

documents including pleadings and evidence, both

oral and documentary, in printed or cyclostyle or

type written form within a period of four weeks from

the date.

Appellant-insurance company is directed to

deposit talabana cost with written up notice form for

service of notice of appeal upon respondent no. 3-

Owner of the offending vehicle.

Since respondent no. 1 & 2-claimants have

already entered appearance, hence service of notice

of appeal upon the said respondents is dispensed

with.

CAN 1 of 2017 (Old no.CAN 12189 of 2017)

This is an application for stay of operation of

impugned judgment and award.

Mrs. Sucharita Paul, learned Advocate for the

appellant-insurance company submits that the

insurance company has already deposited the

amount in terms of order dated 10th May 2018, and

she has also served copy of the application upon the

respondents, however, the affidavit-of-service is not

ready to be filed, she seeks accommodation.

In view of the above, let the matter appear n

03rd March, 2023 under the heading "Application".

(Bivas Pattanayak, J)