Calcutta High Court (Appellete Side)
Magma Hdi General Insurance Co. ... vs Rajiya Bano & Ors on 4 January, 2023
04.01.2023
sayandeep
Sl. No. 13
Ct. No. 654
FMA 254 of 2022
With
IA NO: CAN/1/2022, CAN/2/2022
MAGMA HDI General Insurance Co. Ltd.
-Versus-
Rajiya Bano & Ors.
Mr. Parimal Kumar Pahari
.....for the appellant-Insurance Co.
Affidavit-of-service filed on behalf of the appellant
Insurance Company is taken on record.
In Re: CAN 2 of 2022
Mr. Parimal Kumar Pahari, learned advocate for
appellant-insurance Company submits that initially an
order of stay was granted on 31.10.2022. However, as
the Insurance Company could not deposit the entire
awarded sum, filed the present application for
appropriate order and by order dated 14.12.2022, the
time for depositing the entire awarded sum along with
interest towards extended with an order of fresh stay of
operation of impugned Judgment and award. In
compliance to order dated 14.12.2022, the Insurance
Company has deposited the entire awarded sum. In the
aforesaid backdrop, he prays for making the order of
stay absolute till the disposal of the appeal. He filed
photocopy of chalan no. 2912 dated 15.12.2022.
None appears on behalf of respondent-claimants
in spite of service of copy of this application.
It is found from the photocopy of chalan being No.
2912 dated 15.12.2022 (original produced at time of
hearing) that the amount of Rs. 23,76,463/- has been
deposited with the registry of this Court. Since the
Insurance Company has complied with the order dated
14.12.2022, the stay of operation of impugned
Judgment and award granted on 14.12.2022 shall
continue till the disposal of the appeal.
The application being CAN 2 of 2022 stands
disposed of.
In Re: CAN 1 of 2022
This is an application for stay.
This application has become redundant due to
the subsequent filing of application being CAN 2 of
2022 for appropriate orders.
Accordingly, the application being CAN 1 of 2022
stands disposed of as redundant.
In Re: FMAT 254 of 2022
This appeal is directed against the Judgment and
award dated 13th April, 2022 passed by Additional
District Judge cum Judge Motor Accident claim
Tribunal, 1st Court, Durgapur in MAC case No. 46 of
2017 under Section 166 of the Motor Vehicles Act,
1988.
As per the report of the Additional Stamp
Reporter dated 20th September, 2022, the appeal is
within time.
Accordingly, the appeal is formally admitted and
registered.
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 from the
appellant-Insurance Company within a period of two
weeks.
Upon receipt of notice of arrival, learned advocate
for the appellant-Insurance Company shall prepare and
file requisite numbers 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 four 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 for
service of notice of appeal upon respondents within two
weeks from date.
The matter to go out of the list.
Liberty to mention
(Bivas Pattanayak, J.)
