United India Incurance Co. Ltd vs Puja Kumari Jha & Ors
2023 Latest Caselaw 7456 Cal

Calcutta High Court (Appellete Side)

United India Incurance Co. Ltd vs Puja Kumari Jha & Ors on 28 November, 2023

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 28.11.2023
SL No. 21
Court No. 551
   Ali


                         F.M.A.T (MV) 516 of 2022
                IA No: CAN/1/2023, CAN/2/2023 & CAN/3/2023

                               United India Incurance Co. Ltd.
                                       Versus
                                 Puja Kumari Jha & Ors.


                 Mr. Rajesh Singh
                               ......for the appellant-Insurance Co.

                 Mr. Amit Ranjan Roy
                            .....for the respondents/claimants.

In Re.:CAN 2 of 2023.

This is an application for condonation of

delay.

Affidavit-of-service filed on behalf of the

insurance company is taken on record.

It is reported by the Stamp Reporter that

there are 119 days delay in preferring the instant

appeal. Heard the learned advocate for the

appellant.

Learned advocate for the respondent raised

strong objection. Considering the grounds of delay it

appears to me that they are sufficient. Accordingly,

the delay of 119 days in preferring the instant

appeal is herby condoned.

Appeal is formally admitted.

Registered the same.

As the respondents/claimants i.e.

respondent Nos. 1 and 2 has already made their

appearance so notices of appeal upon the

respondent No. 1 and 2 are dispensed with.

The insurance company is directed to serve

notices of appeal upon the respondent No. 3 by

putting up the filled up notices form alongwith

Talabana cost the concerned department within a

fortnight.

The learned advocate for the respondents

submits that one cross objection being COT 98 of

2023 has been filed by the respondents again this

appeal. It is required to be heard the appeal

alongwith cross appeal.

The department is directed to tag both this

appeal and cross appeal for effective hearing of the

same.

On considering the submission of the

learned advocate for the respondents that he is

ready with the certified copies of all pleadings and

proofs of the LCR; calling for the LCR is now

dispensed with for the time being. The learned

advocate for the respondents are directed to prepare

the requisite number of informal paper books at

least 3 in number within four weeks.

Let the matter appear in the 2nd week of

January 2024.

In Re.:CAN 1 of 2023.

By virtue of the order of this Court dated

19.05.2023 the insurance company has deposited

the entire sum of Rs. 62,44,503/- vide OD Challan

No. 676 OD dated 09.06.2023. Considering the

Challan of the insurance company the operation of

the impugned judgment and award dated 29th June,

2022 passed by the learned Judge, Motor accident

Claims Tribunal-cum-Additional District Judge, 2nd

Court, Asansol, Paschim Bardhaman in MAC Case

No. 13 of 2016 is herby stayed till the disposal of the

instant appeal.

Accordingly, CAN 1 of 2023 and CAN 2 of

2023 are disposed of

All parties shall act on the server copy of

this order duly downloaded from the official website

of this Court.

(Subhendu Samanta, J.)