04.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 240
ab ,,
FMAT (MV) 260 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023
,
National Insurance Company Limited
Vs.
Mina Rani Khatua & Anr.
,,
Mr. M. P. Chakraborty,
Ms. Ratnadipa Karmakar
... for the appellant-insurance company
Re: CAN 1 of 2023 (Section 5)
This is an application for condonation of delay
under Section 5 of the Limitation Act in preferring the
present appeal.
As per the report of the Additional Stamp Reporter
dated 15th March, 2023, the appeal is preferred within the
statutory period of limitation. Thus, the application for
condonation of delay has become redundant.
Accordingly, the application for condonation of
delay being CAN 1 of 2023 stands dismissed as
redundant.
The appeal is formally admitted and registered.
Re : FMAT (MV) 260 of 2023
This appeal is preferred against the judgment and
award dated 22nd November, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 7th Court, Paschim Medinipur in MAC
2
Case No. 351 of 2016 under Section 166 of the Motor
Vehicles Act, 1988.
Let the lower court records be called for.
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 within a period of two weeks of such arrival.
Upon receipt of the notice of arrival of lower court
records, learned Advocate for the appellant-insurance
company shall prepare and file requisite number 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
forms for causing service of notice of appeal upon the
respondents.
Re : CAN 2 of 2023 (Stay) This is an application for stay of operation of the impugned judgment and award dated 22nd November, 3 2022 passed by the learned Additional District Judge- cum-Judge, Motor Accident Claims Tribunal, 7th Court, Paschim Medinipur in MAC Case No. 351 of 2016 under Section 166 of the Motor Vehicles Act, 1988.
By such order dated 22nd November, 2022, the learned Tribunal granted compensation in favour of the claimants to the tune of Rs. 8,90,900/- under Section 166 of the Motor Vehicles Act.
Mr. M. P. Chakraborty, 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 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. He files photocopy of chalan No. 4039 dated 13th March, 2023 showing deposit of statutory amount of Rs. 25,000/-, which is taken on record.
The report of the Computer Section, Appellate Side, High Court, Calcutta dated 23rd August, 2023 shows that no caveat has been lodged.
Photocopy of chalan No. 4039 dated 13th March, 2023 shows deposit of statutory amount of Rs. 25,000/- with the registry of this Court.
In view of readiness and willingness on the part of the appellant-Insurance Company to deposit the entire 4 awarded sum less statutory amount, there shall be stay of operation of the impugned judgment and award passed by the learned Tribunal for a period of four weeks. The appellant-Insurance Company is directed to deposit the entire awarded sum less statutory amount before the learned Registrar General, High Court, Calcutta within a period of four weeks from date.
In the event, the appellant-Insurance Company makes deposit of the aforesaid amount, the order of stay shall continue till the disposal of this application. 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.
The appellant-Insurance Company is directed to serve copy of this application upon the respondents and file affidavit of service on the returnable date.
Let the matter appear on 29th November, 2023 under the heading 'Application'.
< (Bivas Pattanayak, J.)