Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Aklema Bibi & Ors on 18 October, 2023
18.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.212 & 213 APPELLATE SIDE
KB ,,
F.M.A. 792 of 2021
with
IA No. CAN 1 of 2017
(Old No. CAN 3699 of 2017)
National Insurance Co. Ltd.
Vs.
Aklema Bibi & Ors.
with
COT 117 of 2018
National Insurance Co. Ltd.
Vs.
Smt. Aklema Bibi & Ors.
Mr. Parimal Kumar Pahari
... For appellant-insurance company.
Affidavit of Service filed on behalf of appellant-
insurance company is taken on record.
In Re: IA No. CAN 1 of 2017
(Old No. CAN 3699 of 2017)
This is an application for stay of operation of
impugned judgement and award.
By order dated 18th July, 2017, interim stay was
granted on condition to deposit the awarded sum together
with interest.
Mr. Parimal Kumar Pahari, learned advocate for
appellant-insurance company submits that in compliance
to the aforesaid order the insurance company has already
deposited the entire awarded sum together with interest.
He submits for making the order of stay absolute till the
disposal of the appeal.
2
None appears on behalf of the claimants.
It is found from the office report dated 6th
September, 2021 that a sum of Rs.8,66,672/- has been
deposited by the insurance company before the registry of
this Court vide OD Challan No. 1137 dated 01.08.2017 in
terms of order of this Court. Since the insurance company
has complied the order of this Court, the interim order
granted earlier on 18th July, 2017 is made absolute till the
disposal of the appeal.
CAN 1 of 2017 (Old No. CAN 3699 of 2017)
stands disposed of.
In Re: FMA 792 of 2021.
This appeal is preferred against the judgment and
award dated 17th November, 2016 passed by Learned
Additional District Judge cum Judge, Motor Accident
Claims Tribunal, Fast Track Court, Raiganj in M.A.C.
Case No. 105 of 2013 under Section 166 of the Motor
Vehicles Act, 1988.
It is found from the report of Stamp Reporter
dated 6th June, 2017 that the appeal is preferred within
the statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
The office report dated 23rd August, 2023 shows
that the lower court records have been received and upon
examination found to be complete and in order.
3
Learned advocate for the appellant-insurance
company is directed to prepare and file four 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.
Appellant-insurance company is directed to deposit
talabana cost together with written up notice form for
causing service of notice of appeal upon the respondent
no.5-owner of the offending vehicle.
Since the respondent nos.1 to 4 (claimants) have
already entered appearance, hence service of notice of
appeal upon the said respondents stands dispensed with.
Let the matter appear three weeks after the
ensuing Puja Vacation under the heading "Hearing".
(Bivas Pattanayak, J.)
