Calcutta High Court (Appellete Side)
Reliance General Insurance Co. ... vs Shiuli Santra & Anr on 11 October, 2023
11.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No. 413. APPELLATE SIDE
KB ,,
F.M.A.T.(MV) 370 of 2023
with
IA No. CAN 1 of 2023
with
IA No. CAN 2 of 2023
,
Reliance General Insurance Co. Ltd.
Vs.
Shiuli Santra & Anr.
,,
Mrs. Gopa Das Mukherjee
... for the appellant-Insurance Company.
Mr. Sekhar Barman
Mr. Rohit Prasad
... for the respondent nos.1-5-claimants.
Affidavit of service filed on behalf of the insurance
company is taken on record.
In Re: IA No. CAN 1 of 2023
This is an application for condonation of delay in
preferring the appeal.
As per report of Additional Stamp Reporter dated
12th September, 2023, there is delay of 64 days in
preferring the appeal.
Mrs. Gopa Das Mukherjee, learned advocate for
appellant-insurance company submits that for completion
of official formalities there has been delay of 64 days in
preferring the appeal. She seeks for condonation of such
delay.
Mr. Rohit Prasad, learned advocate appearing for
respondent nos.1 to 5-claimants leaves the matter to the
discretion of the Court.
In spite of service of copy of the application, none
appears on behalf of respondent no.6-owner of the
offending vehicle.
It is contended in the application that for
completion of official formalities there has been delay in
preferring the appeal. The cause is sufficient to condone
such delay of 64 days in preferring the appeal stands
condoned.
IA No. CAN 1 of 2023 stands thus disposed of.
The appeal is formally admitted and registered.
In Re: CAN 2 of 2023
This is an application for stay of operation of
impugned judgment and award 24th November, 2022
passed by learned Additional District Judge cum Judge,
Motor Accident Claims Tribunal, 2nd Court, Arambagh,
Hooghly in M.A.C. Case No. 22 of 2019 under Section 166
of the Motor Vehicles Act, 1988.
By order dated 24th November, 2022, the learned
Tribunal granted compensation of Rs.16,82,872/-
together with interest in favour of the claimants under
Section 166 of the Motor Vehicles Act, 1988.
Mrs. Gopa Das Mukherjee, learned advocate for the
appellant-insurance company submits that the Insurance
Company has already deposited the statutory amount
and is ready and willing to deposit the entire awarded
sum together with interest less statutory deposit before
the learned Registrar General, High Court, Calcutta
within such period as would be directed by this Court. On
such count, she prays for stay of operation of impugned
judgment and award.
Mr. Rohit Prasad, learned advocate for respondent
nos.1-5-claimants leave the matter to the discretion of the
Court.
None appears on behalf of respondent no.6-owner
of the offending vehicle.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 1st September, 2023, no
caveat has been lodged.
The office report dated 22.06.2023 shows that the
insurance company has deposited statutory amount of
Rs.25,000/- with the registry of this Court in terms of
Section 173 of the Motor Vehicles Act vide OD challan
no.762 dated 15.06.2023.
In view of readiness and willingness on the part of
the appellant-insurance company to deposit the entire
awarded sum together with interest less statutory amount,
there shall be stay of operation of the impugned judgment
and award of the learned Tribunal till second week of
December, 2023. The appellant-insurance company is
directed to deposit the entire awarded sum together with
interest less statutory deposit before the learned Registrar
General, High Court, Calcutta within second week of
December, 2023.
In the event the appellant-insurance company makes
deposit of the aforesaid amount, the order of stay shall
continue till the disposal of the appeal. In default to make
deposit of the aforesaid amount, the order of stay shall
stand automatically vacated without reference to this
Court.
Learned Registrar General of this Court shall ensure
that the amount to be deposited by the appellant-
insurance company be invested in a short-term auto
renewable scheme of any nationalised bank, until further
orders.
Thus the application for stay being IA No. CAN 2 of
2023 stands disposed of.
In Re: F.M.A.T.(MV) 370 of 2023
This appeal is preferred against the judgment and
award dated 24th November, 2022 passed by learned
Additional District Judge cum Judge, Motor Accident
Claims Tribunal, 2nd Court, Arambagh, Hooghly in M.A.C.
Case No. 22 of 2019 under Section 166 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 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, as the case may be, out of court, within
a period of four weeks from date of service of notice of
arrival of lower court records.
Mrs. Gopa Das Mukherjee, learned advocate for
appellant-insurance company submits for dispensing
with service of notice of appeal upon respondent no.6-
owner of the offending vehicle, since he did not contest
the claim application. It is found from the impugned
judgment of the learned Tribunal that the case has been
disposed of ex parte against respondent no.6-owner of the
offending vehicle. In the backdrop of the above fact,
service of notice of appeal upon respondent no.6-owner of
the offending vehicle stands dispensed with.
Since respondent nos.1 to 5 (claimants) have
already entered appearance, hence service of notice of
appeal upon the said respondents also stands dispensed
with.
Matter to go out of the list.
Liberty to mention
(Bivas Pattanayak, J.)
