Calcutta High Court (Appellete Side)
Icici Lombard General Insurance ... vs Smt. Mamata Sarkar & Ors on 29 March, 2023
05
29.03.2023
Ct. No.237
pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
IA No. CAN 1 of 2013 (CAN 11091 of 2013)
with
CAN 2 of 2013 (CAN 11095 of 2013)
in
FMAT 1312 of 2013
ICICI Lombard General Insurance Co. Ltd.
Vs.
Smt. Mamata Sarkar & Ors.
Mr. Parimal Kumar Pahari
... For the applicant/appellant/Insurance Co.
Mr. Md. Sabir Ahmed
Mr. Md. Abdur Rakib
... For the respondents/claimants
In re: CAN 2 of 2013 (CAN 11095 of 2013)
This application has been filed for condonation of
delay in filing the Motor Accident Claim Appeal.
Mr. Parimal Kumar Pahari, learned advocate, on
behalf of the applicant/appellant/Insurance Company
submits that delay in preferring the appeal may be
condoned for the reasons assigned in the application itself.
The reason assigned in the application for delay
being satisfactory, I am inclined to condone the delay in
filing the appeal. Thus, the prayer for condonation of delay
is allowed.
The application, being CAN 2 of 2013 (CAN 11095
of 2013) stands disposed of.
In re: CAN 1 of 2013 (CAN 11091 of 2013)
This application has been filed for stay of the
judgment and award passed in MAC Case No.172 of 2010
on 24th June, 2013 by the learned Judge, Motor Accident
Claims Tribunal and Additional District Judge, 4th Court at
Suri, Birbhum.
Heard both sides.
From the order dated 2nd December, 2013, it comes
to my view that the appellant/Insurance Company was
already directed to deposit entire awarded amount and it is
reported by the learned advocate appearing on behalf of
the appellant/Insurance Company that the entire awarded
amount had already deposited after adjustment of
statutory deposit.
Considering the aforesaid facts and circumstances,
the judgment impugned is being stayed till the disposal of
the appeal.
The application, being CAN 1 of 2013 (CAN 11091
of 2013) stands disposed of.
The Department is directed to register the appeal, if
the same is otherwise in form.
In re: FMAT 1312 of 2013
Since the respondents/claimants have entered
appearance through learned counsel, service on the said
respondents stands dispensed with.
The appellant/Insurance Company is directed to
serve notice upon the respondent no.4/owner in the
meantime.
Let lower court records be called for.
On prayer, the learned advocate for the
respondents/claimants are directed to despite the Special
Messenger Cost for bringing the Lower Court Records
within a week from date.
After arrival of lower court records, the office shall
examine the same and if found complete, the office shall
serve notice of arrival of lower court records on the learned
advocates for the parties.
The respondents/claimants are directed to prepare
and file requisite number of informal paper books, out of
Court, printed, cyclostyled or typewritten, within two
weeks from the date of service of notice of arrival of lower
court records, upon the learned advocate for the
respondents/claimants.
All formalities regarding preparation of paper books
are dispensed with, but the respondents/claimants are
directed to include all compulsory documents in the paper
books.
Let this matter appear in the list after six weeks
hence.
(Bibhas Ranjan De, J.)
