Icici Lombard General Insurance ... vs Marjem Hossain @ Marjem Sekh
2023 Latest Caselaw 745 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 25.01.2023
SL No.30
Court No. 654
       Ali


                         F.M.A. 225 of 2019
                IA No: CAN/1/2019 (Old No.:CAN/551/2019)

                      ICICI Lombard General Insurance Co. Ltd.
                                  Vs.
                       Marjem Hossain @ Marjem Sekh

                        Mr. Parimal Kumar Pahari
                                 ...for the appellant-Insurance Co.
                        Mr. Jayanta Kumar Mandal
                                 ...for the respondent Nos. 1 to 7.

Ms. Poulami Dutta ...for the respondent No. 8.

CAN/1/2019 (Old No.:CAN/551/2019)

This is an application for stay of operation of

impugned judgment an award.

Mr. Parimal Kumar Pahari, learned advocate

for appellant-insurance company submits that in

terms of order dated 15th March, 2019 the insurance

company has already deposited the entire awarded

sum together with interest and he submits for

making the order of stay absolute till the disposal of

the appeal.

Mr. Jayanta Kumar Mandal, learned

(claimants).

Ms. Poulami Dutta, learned advocate

appears for respondent No. 8 (owner of the offending

vehicle).

As per report of the office it is found that in

terms of order dated 15th March, 2019 the insurance

company has deposited a sum of Rs.6,12,433/- with

the Registry of this court under OD Challan No. 56

dated 09.04.2019. Since the insurance company has

complied the order of the court hence the stay

granted on 15th March, 2019 is made absolute till

the disposal of the appeal.

The application being CAN/1/2019 (Old

No.:CAN/551/2019) stands disposed of.

FMA 225 of 2019

This appeal is directed against the judgment

an award dated 11th September, 2018 passed by

learned Additional District Judge cum Judge, Motor

Accident Claims Tribunal, Rampurhat, Birbhum in

M.A.C. Case No. 42 of 2014 under Section 163A of

the Motor Vehicles Act, 1988.

As per report of the Additional Stamp

Reporters dated 25.01.2019 the appeal is filed

within the statutory period of limitation.

Accordingly, the appeal is formally admitted

and registered.

It is found from the office report that lower

court records have been received and upon

examination found to be complete and in order.

Mr. Jayanta Kumar Mandal, learned

advocate for respondent Nos. 1 to 7 (claimants)

undertakes to prepare informal paper books.

Accordingly, learned advocate for respondents-

claimants is directed to prepare and file 4 (four) sets

of informal paper books incorporating all necessary

papers and documents including pleadings and

evidence, both oral and documentary, in cyclostyled

or typewritten or printed form within a period of two

weeks from date.

Let the matter appear on 20.02.2023 under

the heading "Hearing".

(Bivas Pattanayak, J.)