Calcutta High Court (Appellete Side)
United India Insurance Co.Ltd vs Subhra Ghosh & Ors on 1 September, 2023
01.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.51
sn ,,
F.M.A.T.11 of 2020
CAN 1/2020 & CAN 2/2020
,
United India Insurance Co.Ltd.
Vs.
Subhra Ghosh & Ors.
,,
Mr. Rajesh Singh
... for the appellant- insurance Co.
Mr. Saswata Bhattacharyya
..for the respondent nos.1&2
Let affidavit of service filed on behalf of the
appellant-insurance company is taken on record.
In Re: CAN 2 of 2020
This is an application for stay of operation of the
impugned judgment and award.
By order dated 10th April, 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
with the order of this Court, 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.
In spite of service of copy of the application, none
appears on behalf of the respondent no.3.
Mr. Saswata Bhattacharyya, learned advocate
appears on behalf of the respondent nos.1&2.
The office report dated 17th May, 2023 shows that a
sum of Rs.14,89,222/- has been deposited with the
registry of this Court vide O.D. challan no.251 dated 25th
April, 2023. Since the insurance company has complied
with the order of this Court, the interim stay granted
earlier vide order dated 10th April, 2023 is made absolute
till the disposal of the appeal.
The application being CAN 2 of 2020 stands
disposed of.
In Re: CAN 1 of 2020
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that there has
been nominal delay of 21 days in preferring the appeal for
completing official formality. He seeks for condonation of
such delay.
Mr. Saswata Bhattacharyya, learned advocate
appears on behalf of the respondent nos.1&2(claimants)
opposes such prayer for condonation of delay.
None appears on behalf of the respondent no.3,
owner of the offending vehicle, in spite of service of copy
of the application.
As per report of the Additional Stamp Reporter
dated 19th August, 2021, there is delay of 21 days in
preferring the appeal.
It is contended in the application that due to
completion of official formalities, there is delay in filing
the appeal. The cause shown is sufficient to condone
such delay in preferring the appeal. Accordingly, delay of
21 days in preferring the appeal stands condoned.
The application being C.A.N. 1 of 2020 stands
disposed of.
Accordingly, the appeal is formally admitted and
registered.
In Re: F.M.A.T. 11 of 2020
This appeal is preferred against the judgment and
award dated 22nd August, 2019 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 10th Court, Aliopore, South 24
Parganas, in M.A.C. Case No.521 of 2002 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 as well as learned advocate for
respondents-claimants within a period of two weeks of
such arrival.
Mr. Saswata Bhattacharyya, learned advocate for
the respondent nos. 1 & 2 (claimants) undertakes to file
informal paper book.
Upon receipt of notice of arrival of lower court
records, learned advocate for the respondents-claimants
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.
The 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 no.3.
Since the respondent nos.1 & 2 has entered
appearance, hence, service of notice of appeal upon the
said respondents stands dispensed with.
Let the matter go out of the list with liberty to
mention.
(Bivas Pattanayak, J.)
