Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Smt. Rita Rana & Ors on 29 September, 2023
29.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 238
ab ,,
FMAT (MV) 510 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023
,
United India Insurance Co. Ltd.
Vs.
Smt. Rita Rana & Ors.
,,
Mr. Sanjay Paul,
Ms. Jaita Ghosh
... for the appellant-insurance company
Mr. Subhankar Mandal
... for the respondent nos. 1 to 5- claimants
Re: CAN 1 of 2023 (Section 5)
This is an application for condonation of delay in
preferring the present appeal.
Mr. Sanjay Paul, learned advocate for the appellant-
insurance company submits that the application for
condonation of delay has become redundant since the
appeal is preferred within time.
It is found from the report of the Additional Stamp
Reporter dated 25th September, 2023 that the appeal is
preferred within the statutory period of limitation.
The application for condonation of delay being CAN
1 of 2023 stands dismissed as redundant.
Accordingly, the appeal is formally admitted and
registered.
Re : FMAT (MV) 510 of 2023
This appeal is preferred against the judgment and
award dated 10th April, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Special Court, Paschim Medinipur (In-
charge) in M.A.C. Case No. 311 of 2020 under Section
166 of the Motor Vehicles Act, 1988.
Mr. Sanjay Paul, Learned advocate for the
appellant-insurance company submits that all the
relevant papers are with him and as such, calling for of
lower court records be dispensed with for the time being
and he undertakes to prepare informal paper books.
Mr. Subhankar Mandal, learned advocate for the
respondent nos. 1 to 5-claimants concurs with such
submissions.
In view of submissions advanced on behalf of the
appellant-insurance company, calling for of lower court
records is dispensed with for the time being.
Learned advocate for the appellant-insurance
company 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 four weeks from date.
Mr. Paul, learned advocate for the appellant-
Insurance Company also submits for dispensing with
service of notice of appeal upon the respondent Nos. 6,
owner of the offending vehicle, since he did not contest
the claim application. It is found from the impugned
judgment that the respondent no.6-owner of the offending
vehicle did not contest the claim application and the same
has been disposed of ex parte against him. In the
aforesaid backdrop, service of notice of appeal upon the
respondent no. 6-owner of the offending vehicle stands
dispensed with.
Since the respondent nos. 1 to 5-claimants have
already entered appearance, service of notice of appeal
upon the said respondents also stands dispensed with.
Re : CAN 2 of 2023
This is an application for stay of operation of the
impugned judgment and award dated 10th April, 2023
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Special Court,
Paschim Medinipur (In-charge) in M.A.C. Case No. 311 of
2020 under Section 166 of the Motor Vehicles Act, 1988.
By such order dated 10th April, 2023, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 25,88,000/- together with interest under
Section 166 of the Motor Vehicles Act.
Mr. Sanjay Paul, learned Advocate for the appellant-
Insurance Company submits that the Insurance Company
has already deposited the statutory amount and is ready
and willing to deposit the entire awarded sum together
with interest less statutory deposit before learned
Registrar General, High Court, Calcutta within such time
as would be directed by this Court. On such count, he
prays for stay of operation of the impugned judgment and
award.
Mr. Subhankar Mandal, learned advocate for
respondent nos. 1 to 5 (claimants) does not raise
objection.
The office report dated 19th September, 2023 shows
deposit of statutory amount of Rs.25,000/- in terms of
Section 173 of the Motor Vehicles Act with the Registry of
this Court vide OD Challan No.1759 dated 14.09.2023.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest less statutory amount,
there shall be stay of operation of the impugned judgment
and award passed by the learned Tribunal till two weeks
after the ensuing Puja Vacation. The appellant-Insurance
Company is directed to deposit the entire awarded sum
together with interest less statutory amount before the
learned Registrar General, High Court, Calcutta within
one week after the ensuing Puja Vacation.
In the event, the appellant-Insurance Company
makes deposit of the aforesaid amount, the order of stay
shall continue till the disposal of the appeal. In default to
make deposit of the aforesaid amount, the order of stay
shall stand automatically vacated without reference to this
Court.
Learned Registrar General of this Court shall ensure
that the amount to be deposited by the appellant-
Insurance Company be invested in a short-term auto
renewable scheme of any nationalized bank, until further
orders.
CAN 2 of 2023 stands disposed of.
Let the matter appear on 29th November, 2023
under the heading "Hearing".
<
< (Bivas Pattanayak, J.)
