The United India Insurance Co. Ltd vs Smt. Anima Manna & Anr
2021 Latest Caselaw 3427 Cal

27   25.6.2021                      (via video conference)
Sc


                                     FMAT 298 OF 2020
                                             with
                                       CAN 1 of 2020
                              Re
                                         --------------

The United India Insurance Co. Ltd.

-vs.-

Smt. Anima Manna & Anr.

Mr. Sanjay Paul .......For the Appellant Mr. Krishanu Banik .........For the Respondents/ Claimants

The present miscellaneous appeal is at the instance

of the insurance company and is directed against the

judgment and award dated 04th January, 2020 passed by

the Learned Judge, M.A.C. Tribunal, 2nd Court,

Chinsurah, Hooghly in M.A.C. Case No. 43 of 2017 CIS

No.43/2017 ( Smt. Anima Manna -vs- Shaligram Modi,

Director of Allied Infrastructures Project (P) Ltd & Anr.).

This is an application by the appellant praying for

stay of the operation of the award till the disposal of the

appeal. Mr. Banik, learned advocate appearing on behalf

of the respondent No.1 submits that the stay may be

granted conditionally if the appellant secure the awarded

sum before this Hon'ble Court.

After considering the submissions of the parties,

there shall be an unconditional stay of all further

proceedings of the award dated 04th January, 2020

passed by the Learned Judge, M.A.C. Tribunal, 2nd Court,

Chinsurah, Hooghly in M.A.C. Case No. 43 of 2017 CIS

No.43/2017 ( Smt. Anima Manna -vs- Shaligram Modi,

Director of Allied Infrastructures Project (P) Ltd & Anr) for

a period of four weeks from date.

The appellant is deposit to deposit the entire

awarded amount together with interest less the statutory

amount already deposited under Section 173(1) of the

Motor Vehicles Act, 1988 with the Learned Registrar

General of this Court within four weeks from date.

The learned Registrar General shall ensure that the

same be invested in a Short Term Auto Renewal Fixed

Deposit account of any nationalized bank until further

order. If the deposit as directed above is made within the

aforesaid period, the stay granted by this order shall

continue till the disposal of the appeal, in default the said

order of stay shall stand automatically vacated without

any reference of this Court.

The application bearing CAN 1 of 2020 is

accordingly disposed of.

The appellant is directed to serve a copy of the

memorandum of appeal upon the respondent No.2 by

speed post intimating that the matter will come up for

hearing after six weeks. Since Mr. Banik entered

appearance on behalf of the respondent No.1/claimant,

service of notice of appeal upon said respondent is

dispensed with.

Mr. Banik submits that he has got certified copies of

all lower Court records, therefore, he shall prepare

informal paper books containing all documents pertaining

to the instant case and to file the same on the next date of

hearing.

Copy of the paper book shall be served on the

learned advocates for the appellant immediately after the

paper books are filed in the department.

As soon as the paper books are filed and served on

the respondents, the appellant shall be at liberty to

mention the appeal for hearing.

(Shekhar B. Saraf J.)