Calcutta High Court (Appellete Side)
The New India Assurance Co. Ltd vs Allo Hembram & Ors on 16 June, 2023
16.06.2023
(as)
Ct.No.654
91
FMAT (MV) 62 of 2023
with
CAN 1 of 2023
with
CAN 2 of 2023
The New India Assurance Co. Ltd.
-vs-
Allo Hembram & Ors.
Mr. Rajdeep Bhattacharyya.
...for the Appellant-
Insurance Company.
Mr. Saidur Rahaman.
...for the Respondents-
Claimants Nos.1 & 2.
Affidavit of service filed on behalf of the appellant-
Insurance Company is taken on record.
In Re: CAN 2 of 2023
This is an application for stay of operation of the
impugned judgment and award.
Mr. Rajdeep Bhattacharyya, learned Advocate for
the appellant-Insurance Company submits that in terms
of order dated 24th March, 2023, the Insurance Company
has deposited the entire awarded sum together with
interest and he submits for making the order of stay
absolute till disposal of the appeal.
Mr. Saidur Rahaman, learned Advocate appears for
the respondent Nos.1 and 2-claimants.
In spite of service of copy of the application, none
appears on behalf of the respondent No.3, owner of the
offending vehicle.
By order dated 24th March, 2023, the appellant-
Insurance Company was directed to deposit the entire
awarded sum together with interest less statutory deposit.
In compliance thereof, the appellant-Insurance Company
has deposited Rs.6,06,319/- before the Registry of this
Court vide OD Challan No.154 dated 18th April, 2023.
Since the appellant-Insurance Company has complied the
order of the Court, the stay granted vide order dated 24th
March, 2023 is made absolute till the disposal of the
appeal.
The application being CAN 2 of 2023 stands
disposed of.
In Re: CAN 1 of 2023
This is an application for condonation of delay
under Section 5 of the Limitation Act in preferring the
appeal.
Mr. Rajdeep Bhattacharyya, learned Advocate for
the appellant-Insurance Company submits that there is
nominal delay of 3 days in preferring the appeal. He
submits for condonation of such delay.
Mr. Saidur Rahaman, learned Advocate appearing
on behalf of the respondents-claimants leaves the matter
to the discretion of the Court.
None appears on behalf of the respondent No.3,
owner of the offending vehicle in spite of service of copy of
the application.
As per the report of Additional Stamp Reporter
dated 13th March, 2023, there is delay of three days. The
cause shown is sufficient to condone such delay.
Accordingly, delay of 3 days in preferring the appeal
stands condoned.
The application being CAN 1 of 2023 stands
disposed of.
The appeal is formally admitted and registered.
In Re: FMAT (MV) 62 of 2023.
The appeal is preferred against the judgement and
award dated 30th September, 2022 passed by learned
Judge, Motor Accident Claims Tribunal-cum-Additional
District, Fast Track, 1st Court, at Malda in MAC Case
No.174 of 2017 under Section 166 of the Motor Vehicles
Act, 1988.
Mr. Rajdeep Bhattacharyya, learned Advocate for
the appellant-Insurance Company submits that all the
relevant papers are with him and as such, calling for of
lower court records may be dispensed with. He
undertakes to prepare informal paper books.
In view of submission made on behalf of the
appellant-insurance company calling for of lower court
records is dispensed for the time being.
Learned Advocate for the appellant-Insurance
Company is directed to prepare and file three sets of
informal paper books incorporating all relevant papers
and documents including 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 four weeks from date.
Learned Advocate appearing for the appellant-
Insurance Company prays for dispensing with service of
notice of appeal upon the respondent no.3, owner of the
offending vehicle since he did not contest the claim
application. It is found from the impugned judgment and
order that the claim case is disposed of ex parte against
the owner of the offending vehicle. In the aforesaid
backdrop, service of notice of appeal upon the respondent
No.3, owner of the offending vehicle is dispensed with.
Since the respondent Nos.1 and 2-claimants have
already entered appearance, hence service of notice of
appeal upon the respondent Nos.1 and 2-claimants also
stands dispensed with.
Let the matter appear after four weeks under the
heading 'Hearing'.
(Bivas Pattanayak, J.)
