Calcutta High Court (Appellete Side)
Future General India Ins. Co. Ltd vs Anamika Rana & Ors on 5 January, 2023
05.01.2023
sayandeep
Sl. No. 24
Ct. No. 654
FMAT(MV) 252 of 2022
With
IA NO:CAN/1/2022, CAN/2/2022
Future General India Ins. Co. Ltd.
-Versus-
Anamika Rana & Ors.
Ms. Sayantani Santra
.....for the appellant
Mr. Amit Ranjan Roy
.....for the respondents
In Re:CAN/1/2022
This is an application for stay of operation of
impugned Judgment and award dated 11th May, 2022
passed by learned Additional District Judge cum Judge
Motor Accident claims Tribunal, 1st Court, Paschim
Medinipur(Sadar) in MAC case No. 268 of 2016.
By an order dated 11th May,2022, the learned
Tribunal granted compensation in favour of the
claimants to the tune of Rs. 13,25,200/- along with
interest.
Ms. Sayanti Santra, learned advocate for
appellant Insurance Company submits that the
Insurance Company has already deposited an amount
of Rs. 25,000/- towards statutory deposit with the
registry of this Court and is ready and willing to
deposit the entire awarded sum together with interest
less statutory deposit within such period as would be
directed by this Court. On such count she prays for
stay of operation the impugned Judgment and award.
Mr. Amit Ranjan Roy, learned advocate appears
for respondent No. 1 to 4 (claimants-caveator).
As per report of the S.R. Section, there is deposit
of statutory amount of Rs. 25,000/- with the registry of
this Court vide OD chalan No. 718 dated 10.06.2022.
In view of the readiness and willingness on the
part of the appellant Insurance Company to deposit the
entire awarded sum along with interest less statutory
deposit, there shall be stay of operation of impugned
Judgment and award for a period of four weeks.
Appellant insurance Company is directed to deposit the
entire awarded sum along with interest less statutory
deposit within a period of four weeks from date.
In the event, the appellant Insurance Company
makes deposit of the aforesaid amount the stay shall
continue till the disposal of the application. In default
to make deposit of the aforesaid amount the stay shall
stand automatically vacated without reference to this
Court.
Learned Registrar General, High Court, Calcutta
shall ensure that the amount to be deposited by the
appellant Insurance Company be invested in auto
renewal scheme of any nationalized Bank until further
orders.
Appellant -insurance Company is directed to
serve copy of the application upon respondent No. 5
owner of the offending vehicle and file affidavit-of-
service on the next date fixed.
In Re: CAN/2/2022
This is an application for condonation of delay
under Section 5 of the Limitation Act.
Ms. Sayanti Santra, learned advocate for
appellant- Insurance Company submits that in taking
legal steps there has been delay of 41 days in
preferring the appeal.
Mr. Amit Ranjan Roy, learned advocate for
respondent Nos. 1 to 4 (claimants) leaves the matter to
the discretion of the Court.
It appears from the report of Additional Stamp
Reporter dated 26.09.2022 that there has been delay of
41 days in preferring the appeal. However, the cause
shown is sufficient to condone such delay. Accordingly
the delay of 41 says in preferring the appeal stands
condoned. The application being CAN/2/2022 stands
disposed of.
The appeal is formally admitted and registered.
In Re: FMAT(MV) 252 of 2022
This appeal is directed against judgment and
award dated 11th May, 2022 passed by Additional
District Judge cum Judge, Motor Accident Claims
Tribunal, 1st Track, 3rd Court, Paschim
Medinipur(Sadar) in M.A.C Case no. 268 of 2016 under
Section 166 of the Motor Vehicles Act, 1988.
Call for Lower Court records.
Department is directed to take effective steps for
bringing the Lower Court records from the learned
Tribunal within a period of two weeks from date.
Upon receipt of the Lower Court records, the
office shall examine the same and if found to be
complete and in order shall serve notice of arrival of
Lower Court records upon learned advocate for the
appellant-Insurance Company as well as learned
advocate for respondents-claimants within a period of
two weeks.
Upon receipt of notice of arrival, learned advocate
for the appellant-Insurance Company shall prepare and
file requisite number of informal paper books
incorporating all relevant papers and documents
including pleadings both oral and documentary
evidence in printed or cyclostyled or typed written form
within a period of three weeks from the date of service
of notice of arrival of Lower Court records.
The appellant-insurance Company is directed to
deposit Talabana cost along with written forms upon
service of notice of appeal upon respondent No. 5 within
two weeks from date.
Since respondent Nos. 1 to 4 (claimants) are
already on record, hence service of notice of appeal
upon said respondents is dispensed with.
The matter to appear in the combined monthly
list of February, 2023.
(Bivas Pattanayak, J.)
