Bajaj Allianz General Insurance ... vs Swaraj Agarwal
2021 Latest Caselaw 102 Cal

64   08.01.2021                      FMAT 302 of 2020
AN   Ct. No. 13
                                               with
                                CAN 1 of 2020 (CAN 2768 of 2020)
                                                and
                                CAN 2 of 2020 (CAN 2769 of 2020)


                       Bajaj Allianz General Insurance Company Ltd.
                                            -vs.-
                                       Swaraj Agarwal


                  Mr. Rajesh Singh
                                                ... for the insurance company
                                                  appellant



                            Affidavit of service filed be kept with the record.

                            The matter is being taken up in view of the

                  urgency expressed by the insurance company that the

                  award may be put into execution at any time.

                            The appeal is directed against judgment and

                  award dated 31.07.2019 passed by the Motor Accidents

                  Claims Tribunal, City Civil Court, Calcutta in MACC case

                  No. 222/15 under Section 166 of the M.V. Act.

                            The award is challenged inter alia on the

                  grounds that the learned Tribunal has failed to consider

                  the fact that the insurance policy exhibited in the learned

                  court below was fake and also that the driver of the

                  vehicle did not possess a valid license.

                            Sufficient grounds are available for entertaining

                  the instant appeal. The appeal is admitted subject to the

                  appellant depositing the amount of Rs. 1 lakh minus the

                  statutory amount of Rs. 25000/- with the Registrar
                       2




General of this Court within 21 days from date.

          Upon receipt of the said sum of Rs. 1 lakh

minus the statutory amount of Rs. 25000/-, the Registrar

General shall invest the same in an interest bearing

deposit account with the Nationalised Bank.

          Upon the deposit being made with the Registrar

General, the impugned judgment and the award dated

31.07.2019 shall remain stayed till the disposal of the

appeal.

          It is made clear that in default of deposit as

above being made, the award shall become automatically

executable.

          The    insurance    company     shall   serve   the

respondents by the speed post with A.D. and the affidavit

of service shall be filed on the next date.

The appellant shall give notice of this order to

the respondents.

(Rajasekhar Mantha, J.)