Calcutta High Court (Appellete Side)
Reliance General Insurance Co. ... vs Joshna Rani Gorai & Ors on 5 June, 2023
05.06.2023
Ct. 654
M/L 3
ab
FMAT 1258 of 2016
With
IA No. CAN 1 of 2016(Old No. CAN 11645 of 2016
With
CAN 2 of 2022
Reliance General Insurance Co. Ltd.
-Vs-
Joshna Rani Gorai & Ors.
With
COT 35 of 2018
Mrs. Gopa Das Mukherjee
... for the appellant
Mr. Jayanta Kumar Mandal
... for the respondents-claimants
Perused the report of Ledger Section dated 14th
December, 2022.
It is found from the aforesaid report that a sum of
Rs.38,87,520/- has been deposited with the registry of
this Court vide OD Challan No. 3253 dated 27th
February, 2018 and another sum of Rs.2,64,355/- has
also been deposited with the registry of this Court vide
OD Challan No. 3254 dated 27th February, 2018 and
both the aforesaid deposits have been invested with the
bank.
Mrs. Gopa Das Mukherjee, learned advocate for
the appellant-Insurance Company submits that on 15th
February, 2018, though the matter was listed, however,
no stay order was passed in respect of this appeal
and/or direction was given for depositing the amount.
Out of inadvertence and on wrong premise and bona
fide mistake the amount has been deposited by the
erstwhile learned advocate for appellant. She further
submits that since the amount has been deposited with
the registry of this Court, the hearing of the appeal be
expedited.
Mr. Jayanta Kumar Mandal, learned advocate for
the respondents-claimants also submits for expeditious
hearing of the appeal.
Re: CAN 2 of 2022
This is an application for condonation of delay in
filing the present appeal.
Mrs. Gopa Das Mukherjee, learned advocate for
the appellant-Insurance Company submits that there is
delay of 28 days in preferring the appeal and she seeks
for condonation of such delay in preferring the appeal.
Mr. Jayanta Kumar Mandal, learned advocate for
the respondents-claimants leaves the matter to the
discretion of the Court.
It is found from the report of the Stamp Reporter
dated 3rd December, 2016 that there is delay of 28 days
in preferring the appeal. The cause shown is sufficient
to condone such delay. Accordingly, delay of 28 days in
preferring the appeal stands condoned.
The application being CAN 2 of 2022 stands
disposed of.
Accordingly, the appeal is formally admitted and
registered.
FMAT: 1258 of 2026
This appeal is preferred against the judgment and
around dated 28th July, 2016 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Durgapur, District-Burdwan in MAC
Case No. 43 of 2014(Old No. 128 of 2011) under Section
166 of the Motor Vehicles Act, 1988.
Mr. Jayanta Kumar Mandal, learned advocate for
the respondents-claimants submits that all the relevant
papers are within him and as such, calling for lower
court records be dispensed with at present and he
undertakes to prepare informal paper books.
Mrs. Gopa Das Mukherjee, learned advocate for
the appellant-insurance company concurs with such
submissions.
In view of submissions advanced as above, calling
for lower court records is dispensed with for the time
being.
Learned advocate for the respondents-claimants
is directed to prepare and file three sets of informal
paper books incorporating all relevant papers and
documents including the pleadings and evidence, both
oral and documentary, in printed or typewritten or
cyclostyled, as the case may be, out of court, within a
week from date.
Mrs. Gopa Das Mukherjee, learned advocate for
the appellant-Insurance Company submits for
dispensing with service of notice of appeal upon the
respondent No. 4, since he did not contest the claim
application. It is found from the impugned judgment
that the respondent No. 4-owner of the offending
vehicle did not contest the claim application and the
same has been disposed of ex parte against him. In the
aforesaid backdrop, service of notice of appeal upon the
respondent No. 4-owner of the offending vehicle stands
dispensed with.
Let the matter appear on 15th June, 2023 under
the heading "Hearing".
( Bivas Pattanayak, J.)
