Calcutta High Court (Appellete Side)
Icici Lombard General Insurance ... vs Smt. Shibani Bose & Ors on 4 July, 2023
04.07.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.3&4
sn ,,
F.M.A. 3209 of 2016
CAN 3 of 2023
,
ICICI Lombard General Insurance Co.Ltd.
Vs.
Smt. Shibani Bose & Ors.
With
C.O.T. 20 of 2016
Shibani Bose & Ors.
Vs.
ICICI Lombard General Insurance Co. Ltd.
,,
Mr. Parimal Kumar Pahari
... for the appellant-insurance co.
Mr. Jayanta Kumar Mondal
..for the respondents-claimants
In Re: CAN 3 of 2023
This is an application for recalling and/or
modification of the order dated 9th October, 2018 passed
in the present appeal for adjourning the hearing of appeal
sine die.
In order dated 9th October, 2018, this Court has
noted that the only question involved in the instant
appeal is whether a person having a valid license for light
motor vehicles can drive transport vehicle of that
category. On the said date, the respondents referred the
decision of Hon'ble Supreme Court passed in Mukund
Dewangan vs. Oriental Insurance Company Limited
reported in (2017) 4 WBLR (SC) 512. On the contrary,
the learned advocate for the appellant-insurance
company drew the attention of the Court to the order
dated 3rd May, 2018 passed in Civil Appeal No. 841 of
2018 (M/s Bajaj Alliance General Insurance Company
Ltd. versus Rambha Devi & Ors.) wherein the Division
Bench of the Hon'ble Court raised certain issues with
regard to findings in the judgment rendered by the larger
Bench in case of Mukund Dewangan (supra) and referred
the appeal to the Hon'ble Chief Justice of India. For such
reasons, this Court adjourned the appeal sine die with
liberty to the learned advocate for the appellant to pray
for its disposal after the larger Bench answers the said
issue.
Mr. Jayanta Kumar Mondal, learned advocate for
the respondents-claimants submits that by order dated
9th October, 2018, the appeal was adjourned sine die on
the ground that the findings of the three-judge Bench of
the Hon'ble Supreme Court in Mukund Dewangan (supra)
was referred to the larger Bench by an order dated 3rd
May, 2018 passed by the Hon'ble Supreme Court in
Rambha Devi (supra). However, in subsequent decision of
the Hon'ble Supreme Court passed in M.S. Bhati versus
National Insurance Company Limited reported in
2019 (2) T.A.C. 357 (S.C.), the Hon'ble Court held that
the law laid down in Mukund Dewangan (supra) continues
to hold the field. In the light of his aforesaid submissions,
he prays for recalling and/or modifying the order dated
9th October, 2018 adjourning the appeal sine die.
Mr. Parimal Kumar Pahari, learned advocate for the
appellant-insurance company submits that since in
subsequent decision of the Hon'ble Supreme Court in
M.S. Bhati (supra) holding that proposition in Mukund
Dewangan (supra) still holds the field, there is no bar in
hearing the appeal.
On 29th March, 2019, the Hon'ble Supreme Court
in M.S. Bhati (supra) observed as follows :-
"12. Learned Counsel further submitted on the
alternative plea that the decision of Mukund
Dewangan (Supra) has been reserved for
reconsideration by a larger Bench in M/s. Bajaj
Alliance General Insurance Co. Ltd. v. Rambha Devi
& Ors., Civil Appeal No. 841 of 2018, by a two-judge
Bench of this Court on 3rd May, 2018.
13. The law which has been laid down by a three-
judge Bench of this Court in Mukund Dewangan
(Supra) binds this Court. As a matter of judicial
discipline, we are duty bound to follow that decision
which continues to hold the field."
Bearing in mind the aforesaid observations of the
Hon'ble Supreme Court, the order dated 9th October,
2018 adjourning the appeal sine die is hereby recalled.
The application bearing CAN 3 of 2023 stands
disposed of.
In Re: F.M.A.3209 of 2016
By order dated 26th July, 2016, lower court records
were called for.
The department concerned is directed to tag the
lower court records upon examination, if already received,
and further shall serve notice of arrival of the lower court
records upon the learned advocate for the appellant in
terms of the order dated 26th July, 2016.
The department concerned is also directed to
furnish report with regard to the service of notice of
appeal upon the respondent no.5, owner of the offending
vehicle.
Let the matter appear after two weeks under the
heading "Hearing".
< (Bivas Pattanayak, J.)
