Calcutta High Court (Appellete Side)
Shriram General Insurance Co.Ltd vs Sandhya Patra & Ors on 22 September, 2023
22.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.241
sn ,,
F.M.A.T.631 of 2017
CAN 1/2017(Old CAN 6621/2017)
CAN 2/2017(Old CAN 6628/2017)
,
Shriram General Insurance Co.Ltd.
Vs.
Sandhya Patra & Ors.
,,
Mr. Rajesh Singh
... for the appellant- insurance Co.
Mr. Shamik Chatterjee
Mr. Aditya Bikram Mahata
Mr. Sahil Kabir
..for the respondent nos.1-3
Let affidavit of service filed on behalf of the
appellant-insurance company is taken on record.
In Re: CAN 1 of 2017 (Old CAN 6621 of 2017)
This is an application for condonation of delay in
preferring the appeal.
As per report of the Stamp Reporter dated 31st July,
2017, there is delay of 35 days in preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that for completion
of official formalities there has been nominal delay of 35
days in preferring the appeal. He seeks for condonation of
such delay.
Mr. Shamik Chatterjee, learned advocate appearing
on behalf of the respondent nos.1-3 (claimants) does not
raise any objection.
None appears on behalf of the respondent no.4 in
spite of service of copy of the application.
It is contended in the application that due to
completion of official formalities, there is delay in
preferring the appeal. The cause shown is sufficient to
condone such delay. Accordingly, delay of 35 days in
preferring the appeal stands condoned.
The application being C.A.N. 1 of 2017 (Old CAN
6621 of 2017) stands disposed of.
Accordingly, the appeal is formally admitted and
registered.
In Re: CAN 2 of 2017 (Old CAN 6628 of 2017)
This is an application for stay of operation of the
impugned judgment and award.
By order dated 16th November, 2017, 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.
Mr. Shamik Chatterjee, learned advocate appearing
on behalf of the respondent nos.1-3(claimants) does not
raise any objection.
In spite of service of copy of the application, none
appears on behalf of the respondent no.4.
The office report dated 7th December, 2017 shows
that a sum of Rs.32,03,178/- has been deposited with the
registry of this Court vide O.D. challan no. 2217 dated 6th
December, 2017. Since the insurance company has
complied with the order of this Court, the interim stay
granted earlier vide order dated 16th November, 2017 is
made absolute till the disposal of the appeal.
The application being CAN 2 of 2017 (Old CAN
6628 of 2017) stands disposed of.
In Re: F.M.A.T. 631 of 2017
This appeal is preferred against the judgment and
award dated 31st January, 2017 passed by the learned
Judge, Motor Accident Claims Tribunal, 3rd Court, Suri,
Birbhum, in M.A.C. Case No.5 of 2011 under Section 166
of the Motor Vehicles Act, 1988.
Call for the lower court records.
Mr. Shamik Chatterjee, learned advocate for the
respondents-claimants submits that his client is willing to
deposit the Special Messenger's cost for bringing the
lower court records.
Accordingly, respondents-claimants are directed to
deposit the Special Messenger's costs for bringing the
lower court records from the learned Tribunal within a
period of two weeks from date.
Department is directed to take effective steps for
bringing the lower court records from the learned
Tribunal within two weeks from the date of deposit of the
Special Messenger's costs.
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. Shamik Chatterjee, learned advocate for the
respondent nos. 1 to 3 (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 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 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.4.
Since the respondent nos.1 to 3 has entered
appearance, hence, service of notice of appeal upon the
said respondents stands dispensed with.
Let the matter appear after two weeks after
reopening of the Court after the puja vacation.
(Bivas Pattanayak, J.)
