Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Dulal Saha & Ors on 1 September, 2023
01.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.49 & 50 APPELLATE SIDE
KB ,,
F.M.A.T. 1145 of 2019
with
IA No. CAN 1 of 2022
with
IA No. CAN 2 of 2022
National Insurance Co. Ltd.
Vs.
Dulal Saha & Ors.
with
COT 18 of 2023
Dulal Saha & Another
VS
National Insurance Co. & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Mr. Jayanta Kumar Mandal
... for the respondents-claimants
& Cross Objector.
In Re: CAN 1 of 2022
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that for
completion of formalities, there is delay of 28 days in
preferring the appeal. He submits for condonation of
such delay.
Mr. Jayanta Kumar Mandal, learned advocate
for the respondent nos.1 and 2 does not raise any
objection.
In spite of service of copy of the application,
none appears on behalf of the respondent nos.3 and 4.
As per report of the Additional Stamp Reporter
dated 5th December, 2022, there is delay of 28 days in
preferring the appeal.
It is contended that for completion of necessary
formalities, there is delay of 28 days in preferring the
appeal. The cause shown is sufficient to condone such
delay. Accordingly, delay of 28 days in preferring the
appeal stands condoned.
CAN 1 of 2022 stands thus disposed of.
The appeal is formally admitted and registered.
In Re: F.M.A.T. 1145 of 2019
This appeal is preferred against the judgment
and award dated 17th June, 2019 passed by the learned
Judge, Motor Accident Claims Tribunal, Bench VI, City
Civil Court, Calcutta in MAC case no. 351 of 2015
under Section 166 of the Motor Vehicles Act, 1988.
Mr. Jayanta Kumar Mandal, learned advocate for
the respondents-claimants submits that all the relevant
papers are with him and as such calling for of lower
court records be dispensed with. He undertakes to file
informal paper books. Accordingly, calling for of lower
court records is dispensed with for the time being.
Learned advocate for the respondents-claimants
is directed to prepare and file three 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 nos.3 and 4-owners of the offending vehicle.
Since the respondent nos.1 and 2 (claimants)
have already entered appearance, hence service of
notice of appeal upon the said respondents stand
dispensed with.
In Re: CAN 2 of 2022
This is an application for stay of operation of
impugned judgment and award dated 17th June, 2019
passed by the learned Judge, Motor Accident Claims
Tribunal, Bench VI, City Civil Court, Calcutta in MAC
case no. 351 of 2015 under Section 166 of the Motor
Vehicles Act, 1988.
By order dated 13th January, 2023, interim stay
was granted on condition to deposit the entire awarded
sum together with interest.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that in
compliance to the order of this Court the insurance
company has already deposited the entire awarded sum
together with interest. He submits for making the order
to stay absolute till the disposal of the appeal.
Mr. Jayanta Kumar Mandal, learned advocate
appears for respondent nos. 1 and 2-claimants.
It is found from the office report dated 4th
February, 2023 that a sum of Rs.5,31,817/- has been
deposited vide OD challan no. 3707 dated 03.02.2023.
Since the insurance company has complied the order of
this Court, hence the interim order of stay dated 13th
January, 2023 is made absolute till the disposal of the
appeal.
Accordingly, CAN 2 of 2022 is thus disposed of.
Matter to go out of the list.
Liberty to mention.
< (Bivas Pattanayak, J.)
