Calcutta High Court (Appellete Side)
The New India Assurance Co. Ltd vs Kamal Chakraborty & Ors on 22 December, 2020
Author: Shampa Sarkar
Bench: Shampa Sarkar
22.12.2020 Sl. No.17 srm C.O. No. 1607 of 2020 The New India Assurance Co. Ltd.
Vs. Kamal Chakraborty & Ors.
Mr. Rajdeep Bhattacharyya, Ms. Sevanti Roy ...for the Petitioner.
This revisional application has been filed by the insurance company challenging an order dated November 24, 2020 passed by the learned Additional District Judge, Motor Accident Claims Tribunal, 4th Court, Fast Track, Alipore in MACC No.1 of 2017.
The petitioner is aggrieved because the insurance company was denied the right to file an additional written statement, although, according to the petitioner, statements given by the security guard of the victim before the learned Magistrate under Section 164 CrPC with regard to the incident was an important piece of document, the contents of which were required to be pleaded as the same would have an impact on the ultimate result of the proceeding. The learned Court below rejected the application on the ground that the contents of the statements would amount to retracting the admission made in the written statement. 2 Prima facie, in paragraph 6 of the written statement, it has been stated that the victim was driving the car negligently. The statements under Section 164 CrPC also corroborates that the victim was unable to control the car when he was trying to save cattles.
An arguable case has been made out by the petitioner. Stay of all further proceedings in MACC No.1 of 2017 pending before the learned Additional District Judge, Motor Accident Claims Tribunal, 4th Court, Fast Track, Alipore.
The learned Advocate-on-record for the petitioner is directed to serve copies of this revisional application upon the opposite parties.
Affidavit of service to be filed on the next date of hearing.
List this matter in the Daily Supplementary Cause List on February 4, 2021 at 2.00 p.m. under the heading "Hearing" before the appropriate Bench.
(Shampa Sarkar, J.)