Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Susmita Bhunia & Ors on 11 October, 2023
11.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. no.419 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)400 of 2023
(CAN 1 of 2023 & CAN 2/2023)
,
The Oriental Insurance Co. Ltd.
Vs.
Susmita Bhunia & Ors.
,,
Ms. Gopa Das Mukherjee
... for the appellant-Insurance Co.
In Re: CAN 1 of 2023
This is an application for condonation of delay in
preferring the appeal.
As per report of the Additional Stamp Reporter
dated 5th October, 2023, the appeal is preferred within
the statutory period of limitation.
Accordingly, the application for condonation of
delay being CAN 1 of 2023 is dismissed as redundant.
The appeal is formally admitted and registered.
In Re: CAN 2 of 2023
This is an application for stay of operation of the
judgment and award dated 15th March, 2023 passed by
the learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, 7th Court, Paschim Medinipur
in MAC case 637 of 2017 under Section 166 of the Motor
Vehicles Act, 1988.
By an order dated 15th March, 2023, the learned
Tribunal granted compensation of Rs.11,98,000/-
2
together with interest in favour of the claimants under
Section 166 of the Motor Vehicles Act, 1988.
Ms.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 the
impugned judgment and award. She files photocopy of
the challan being no. 1125 dated 12th July, 2023, which
is taken on record.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta 16.08.2023, no caveat has
been lodged.
The photocopy of the challan being no. 1125 dated
12th July, 2023 shows that the insurance company has
deposited the statutory amount of Rs.25,000/- with the
registry of this Court in terms of Section 173 of the Motor
Vehicles Act, 1988.
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
3
and award of the learned Tribunal till 2nd Week of
December, 2023.
The appellant-Insurance Company is directed to
deposit the entire awarded sum together with interest less
statutory amount before the learned Registrar General,
High Court, Calcutta within 2nd 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 this application. 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 nationalized bank, until further
orders.
The appellant-insurance company is directed to serve
a copy of this application upon the respondents and file
affidavit of service on the returnable date.
In re: F.M.A.T.(MV)400 of 2023
This appeal is preferred against the judgment and
award dated 15th March, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 7th Court, Paschim Medinipur in MAC
case 637 of 2017 under Section 166 of the Motor Vehicles
Act, 1988.
Ms.Gopa Das Mukherjee, learned advocate for the
appellant-insurance company submits that all relevant
papers are with her and as such calling for lower court
records be dispensed with for the time being. She
undertakes to prepare informal paper books.
In view of the aforesaid submissions, calling for
lower court records stands dispensed with for the time
being.
Learned advocate for the appellant-insurance
company shall prepare and file requisite number 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.
Ms. Mukherjee, learned advocate for the appellant-
insurance company submits for dispensing with service of
notice of appeal upon the respondent no.7, owner of the
offending vehicle, since he did not contest the claim
application. It is found from the impugned judgment
award of the learned Tribunal that the case has been
disposed of ex parte against the respondent no.7, owner
of the offending vehicle. In the aforesaid backdrop, service
of notice of appeal upon the respondent no.7, owner of
the offending vehicle, stands dispensed with.
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
nos. 1 to 6.
Let the matter appear on 11th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
