Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Dipika Ghosh & Anr on 20 September, 2023
20.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.237 & 238. APPELLATE SIDE
KB ,,
F.M.A.T.(MV) 418 of 2023
with
IA No. CAN 1 of 2023
with
IA No. CAN 2 of 2023
with
IA No. CAN 3 of 2023
United India Insurance Co. Ltd.
Vs.
Dipika Ghosh & Anr.
with
COT 64 of 2023
Dipika Ghosh
Vs.
United India Insurance Co. Ltd. & Anr.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Mr. Ashique Mondal
... for the respondents-claimants
and Cross Objector.
In Re: CAN 1 of 2023
This is an application for condonation of delay in
preferring the appeal.
As per report of the Stamp Reporter dated 26th July,
2023, there is delay of 28 days in preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that for completing
official formalities, there has been nominal delay of 28
days in preferring the appeal. He seeks condonation of
such delay.
It is contended in the application that in order to
complete necessary formalities, there has been delay in
preferring the appeal. The cause shown is sufficient to
condone the delay.
Accordingly, the delay of 28 days in preferring the
appeal stands condoned.
The application being CAN 1 of 2023 stands
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.
By order dated 27th July, 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 the Insurance
Company has already deposited the entire amount in
compliance to order of this Court. He submits for making
the order of the stay absolute till the disposal of the
appeal.
It is found from the office report dated 23rd August,
2023 that a sum of Rs.1,99,58,768/- has been deposited
before the registry of this Court vide OD Challan no. 1565
dated 22.08.2023 in compliance to the aforesaid order of
this Court. Since the insurance company has complied
the earlier order of this Court, the interim order of stay
granted earlier vide order dated 27th July, 2023 is made
absolute till the disposal of this appeal.
CAN 2 of 2023 stands thus disposed of.
In Re: CAN 3 of 2023
This is an application for withdrawal of the
amount deposited by the insurance company.
Mr. Ashique Mondal, learned advocate for
respondent no.1-claimant submits that since passing of
the award the claimant has not received any amount and
is suffering from acute financial distress. He further
submits that the victim at the time of accident was a
practicing advocate and due to such accident she lost all
her source of income and as such certain amount of
money be released in favour of the victim for her
sustenance and livelihood.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company opposes such prayer.
It is found from the application that the victim at
the time of accident was a practicing advocate and due to
injuries sustained she had to undergo amputation on her
left leg. It is further contended that she is suffering from
acute financial distress. For the reason of amputation,
the compensation towards prosthetic limb and its
maintenance was allowed by the learned Tribunal in
favour of respondent no. 1-claimant. Considering the
entire circumstances, the respondent no.1-claimant is
permitted to withdraw Rs.30,00,000/- (Rupees Thirty
Lacs) only.
Learned Registrar General, High Court, Calcutta is
directed to release Rs.30,00,000/- (Rupees Thirty Lacs)
only in favour of respondent no.1-claimant upon usual
undertaking and satisfaction of her identity and also
upon undertaking that respondent no. 1-claimant shall
refund the amount withdrawn together with accrued
interest in the event the award of the learned Tribunal is
set aside in appeal.
With the aforesaid observation, the application
being CAN 3 of 2023 stands disposed of.
In Re: F.M.A.T.(MV) 418 of 2023
This appeal is preferred against the judgement and
award dated 4th March, 2023 passed by learned
Additional District Judge cum Judge, Motor Accident
Claims Tribunal, Fast Track, 2nd Court, Sealdah in M.A.C.
Case No. 3 of 2020 under Section 166 of the Motor
Vehicles Act, 1988.
Call for the lower court records.
Mr. Mondal, learned advocate for respondent no.1-
claimant submits that he will deposit the Special
Messenger's cost for bringing the lower court records.
Accordingly, the respondent no.1-claimant is
directed to deposit Special Messenger's cost for bringing
the lower court records within a period of two weeks from
date.
Department concerned shall take effective steps for
bringing the lower court records within a period of two
weeks from date of deposit of Special Messenger's cost.
Upon receipt of lower court records, the official
examine the same and if upon examination found to be
complete and in order, shall serve notice of arrival of
lower court records upon learned advocate for appellant-
insurance company as well as learned advocate for
respondent no. 1-claimant.
Mr. Mondal, learned advocate for respondent no.1-
claimant undertakes to prepare Informal Paper Books.
Upon receipt of notice of arrival of lower court
records, learned advocate for respondent no.1-claimant
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.
Mr. Singh, learned advocate for appellant-insurance
company submits for dispensing with service of notice of
appeal upon respondent no.2-owner of the offending
vehicle, since he did not contest the claim case. It is
found from the impugned judgment that the case has
been disposed of ex parte against respondent no.2-owner
of the offending vehicle by the learned Tribunal. In the
aforesaid backdrop, service of notice of appeal upon the
said respondent no.2-owner of the offending vehicle
stands dispensed with.
Since respondent no.1-claimant has already
entered appearance, service of notice of appeal upon the
said respondent also stands dispensed with.
Let the matter appear one week after the ensuing
Puja Vacation.
(Bivas Pattanayak, J.)
