Calcutta High Court (Appellete Side)
Oriental Insurance Co. Ltd vs Rita Sowmondal & Ors on 8 June, 2023
08.06.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.78
sn ,,
F.M.A.110 of 2022
CAN 1/2021
,
Oriental Insurance Co. Ltd.
Vs.
Rita Sowmondal & Ors.
,,
Mr. Sanjay Paul
... for the appellant-insurance co.
Mr.Ali Imam Shah
..for the respondents-claimants
In Re: CAN 1 of 2021
This application is treated as on day's list.
This is an application for stay of the impugned
judgement and award.
Mr. Sanjay Paul, learned advocate for the appellant-
insurance company submits that in terms of the order
dated 4th August, 2021, 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. Ali Imam Shah, learned advocate appears on
behalf of the respondent nos. 1&2. He also informs that
during the pendency of the claim application, the
respondent no.3 has expired.
Mr. Paul, learned advocate for the appellant-
insurance company seeks accommodation to take
appropriate steps.
The office report dated 18th February, 2022 shows
that the insurance company has deposited an amount of
Rs.1,32,30,160/- with the registry of this Court vide OD
challan no.579 dated 10.09.2021. Since the insurance
company had complied with the order of this Court, the
order of stay dated 4th August, 2021 is made absolute till
the disposal of the appeal.
The application being CAN 1 of 2021 stands
disposed of.
In Re: F.M.A.110 of 2022
This appeal is preferred against the judgment and
award dated 24th August, 2020 passed by the learned
Additional District Judge cum Judge, Motor Accident
Claims Tribunal, 2nd Court, Durgapur, Paschim Bardhan
in M.A.C. Case No.245 of 2017 under Section 166 of the
Motor Vehicles Act.
As per report of Stamp Reporter dated 3rd August,
2021, the appeal is filed within the statutory period of
limitation. Accordingly the appeal is formally admitted
and registered.
Mr. Ali Imam Shah, learned advocate for the
respondents-claimants submits that all the relevant
papers are with him and calling for as such of lower court
records be dispensed with for the time being. He
undertakes to prepare informal paper books.
In view of the submissions as above, calling for of
lower court records be dispensed with for the time being.
Learned advocate for the respondents/claimants is
directed to prepare and file requisite numbers 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 form, as the case may be, out of court, within
a period of three weeks.
Mr. Sanjay Paul, learned advocate for the appellant-
insurance company submits for dispensing with service of
notice of appeal upon the respondent no.4, owner of the
offending vehicle, 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 award has been
passed 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.
Since the respondent nos.1& 2 has already entered
appearance, hence, service of notice of appeal upon the
said respondents-claimants also stands dispensed with.
The appellant-insurance company is directed to
take appropriate steps in respect of the deceased
respondent no.3.
Let the matter appear in the list after three weeks
under the heading 'Hearing'.
< (Bivas Pattanayak, J.)
