Calcutta High Court (Appellete Side)
National Insurance Company Ltd vs Ritwika Chaudhuri & Anr on 16 November, 2023
16.11.2023
Item No.41
Court No.654.
S. De
F.M.A.T. (MV) 54 of 2022
With
I.A. No. CAN/1/2022
I.A. No. CAN/2/2023
National Insurance Company Ltd.
Vs
Ritwika Chaudhuri & Anr.
Mr. Afroze Alam,
...for the Appellant.
Affidavit-of-service filed on behalf of the
appellant-insurance company is taken on record.
In re : I.A. No. CAN 1 of 2022
This is an application for stay of the impugned
judgment and award of the learned Tribunal.
Mr. Afroze Alam, learned advocate for the
appellant-insurance company submits that the stay
was granted on condition to deposit the entire awarded
sum together with interest. However, in the execution
proceeding before the learned Tribunal being MACC
Execution No. 3 of 2022, the compensation awarded
has already been satisfied for which reason the
appellant-insurance company did not deposit the
compensation amount as directed by this Court. The
appellant-insurance company does not intend to press
further with the stay application, however, it would
2
proceed with this appeal on merits. He files written
instruction which is taken on record.
In view of the aforesaid submission since the
amount as directed has not been deposited, the stay
that was granted vide order dated August 14, 2023
stands vacated.
The application being CAN 1 of 2022 stands
disposed of.
In re : I.A. No. CAN 2 of 2023
This is an application for condonation of delay.
As per report of Stamp Reporter dated 1 st
February, 2023, there is delay of 60 days in preferring
the appeal.
Mr. Afroze Alam, learned advocate for the
appellant-insurance company submits that for taking
necessary official steps there has been delay of 60
days in filing the appeal. He seeks condonation of
such delay. Though the award has been executed in
the execution proceedings but the insurance company
intends to proceed with the appeal on its merits.
Despite service of copy of the application for
condonation of delay, none appears on behalf of the
respondents.
It is contended in the application that for taking
necessary steps, there has been delay in filing the
appeal. The causes shown is sufficient to condone
such delay. The delay of 60 days in preferring the
appeal is thus condoned.
CAN 2 of 2023 is, accordingly, disposed of.
Accordingly, the appeal is formally admitted and
registered.
In re: FMAT(MV) 54 of 2022
This appeal is preferred against the judgment
and award dated December 20, 2021 passed by the
learned Judge, Motor Accident Claims Tribunal, IXth
Bench, City Civil Court, Calcutta in M.A.C.C. Case
No.247 of 2017 under Section 176 of the Motor
Vehicles Act, 1988.
Call for Lower Court Records.
Department concerned is directed to take
effective steps for bringing the Lower Court Records
from the learned Tribunal within a period of two weeks
from the 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 advocates
for the appellant-Insurance Company.
Upon receipt of notice of arrival of Lower Court
Records, learned advocate for the appellant-Insurance
Company shall 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, within a period of four weeks from
the date of service of notice of arrival of Lower Court
Records.
The appellant-Insurance Company is directed to
deposit talabana costs together with written up notice
for causing service of notice of appeal upon the
respondents
Matter to go out of the list.
Liberty to mention.
(Bivas Pattanayak, J.)
