Calcutta High Court (Appellete Side)
National Insurance Co.Ltd vs Rumi Bewa & Ors on 8 May, 2023
08.05.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.609 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)589 of 2022
CAN 1 of 2022, CAN 2 of 2022
,
National Insurance Co.Ltd.
Vs.
Rumi Bewa & Ors.
,,
Mr. M.P. Chakraborty
Ms. Swarnali Biswas
Ms. Ratnadipa Karmakar
... for the appellant-Insurance Co.
Affidavit of service filed on behalf of the appellant-
insurance company is taken on record.
In Re: CAN 2 of 2022
This is an application for stay of operation of the
judgment and award.
Mr. M.P.Chakraborty, learned advocate for the
appellant-insurance company submits that in compliance
with the order of this Court dated 20th March, 2023, the
appellant-insurance company had already deposited the
amount, as directed by this Court and he submits for
making the order of stay absolute till the disposal of the
appeal. He files photostat copy of the challan dated 12th
April, 2023, which is taken on record.
None appears on behalf of the respondents-
claimants in spite of service of copy of the application.
By order dated 20.03.2023, the appellant-insurance
company was directed to deposit the entire awarded sum
together with interest less statutory deposit before the
registry of this Court within a period of four weeks. As per
office report, a sum of Rs.7,31,676/- has been deposited
before the registry of this Court vide challan no. 92 dated
12.04.2023. Since the appellant-insurance company has
complied with the order of this Court the stay of operation
of the impugned judgement and award granted vide order
dated 20.03.2023 is made absolute till the disposal of the
appeal.
The application being CAN 2 of 2022 stands
disposed of.
In Re: CAN 1 of 2022
This is an application for condonation of delay in
preferring the appeal.
Mr. M.P. Chakraborty, learned advocate for the
appellant-insurance company submits that for
scrutinizing the documents by the company, there has
been delay of 177 days in filing the appeal. He submits for
codonation of such delay.
None appears on behalf of the respondents-
claimants in spite of service of copy of the application.
As per report of the Additional Stamp Reporter
dated 16.01.2023, there is delay of 183 days in preferring
the appeal. However, cause shown is sufficient to condone
such delay. Accordingly, the delay of 183 days in
preferring the appeal stands condoned.
The application being CAN 1 of 2022 stands
disposed of.
The appeal is formally admitted and registered.
In Re: F.M.A.T.(MV)589 of 2022
This appeal is preferred against the judgement and
award dated 14th March, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 3rd Court, Balurghat, Dakshin Dinajpur
in MAC case no. 138 of 2014 under Section 163A of the
Motor Vehicles Act, 1988.
Call for the lower court records.
Department is directed to take effective steps for
bringing the lower court records from the learned
Tribunal within two weeks from date.
Upon receipt of the lower court records, the Office
shall examine the same and if found to be complete and in
order, shall serve notice of arrival of the lower court
records upon the learned advocate for appellant/
insurance company within a period of two weeks of such
arrival.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant-insurance
company is directed to prepare 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 form, as the case may be, out of court, within
a period of four weeks from date.
Mr. M.P. Chakraborty, learned advocate for the
appellant-insurance company submits for dispensing
with service of notice of appeal upon the respondent no.6,
i.e. the owner of the offending vehicle, since he did not
contest the claim application. It is found from the
impugned judgment that the respondent no.6, owner of
the offending vehicle, did not contest the claim
application and the case was disposed of ex parte against
him. In the aforesaid backdrop, service of notice of appeal
upon the respondent no.6, i.e. owner of the offending
vehicle, is dispensed with.
Learned advocate for the appellant-insurance
company is directed to deposit talabana costs together
with written up notice form for causing service of notice of
appeal upon the respondent no.1 to 5(claimants).
Let the matter go out of the list.
Liberty to mention.
< (Bivas Pattanayak, J.)
