The National Insurance Company ... vs Durga Rani Dey & Ors
2021 Latest Caselaw 4921 Cal

11 20.9.2021
Sc                                F.M.A.T. 1272 OF 2019
                                            with
                                  I.A. No. CAN 1 OF 2019
                                  (Old No. CAN 12091 OF 2019)


                             Re
                                        ------------------

The National Insurance Company Limited

-vs.-

Durga Rani Dey & Ors.

Mr. Deb Narayan Roy .......For the Appellant/ Insurance Company.

Mr. Subhankar Mandal ....For the Respondents/ Claimants.

The present appeal is at the instance of the

Insurance Company and is directed against the judgment

and award dated September 20, 2019 passed by the

learned Judge, M.A.C. Tribunal-cum- Additional District

Judge, 2nd Court, Arambagh, Hooghly in M.A.C. Case No.

25 of 2013.

CAN 1 of 2019 (CAN 12091 of 2019) is an

application filed by the appellant/Insurance company

praying for stay of the operation of the award till the

disposal of the appeal.

Mr. Deb Narayan Roy, counsel is appearing on

behalf of the appellant/Insurance Company.

After considering the submissions of Mr. Roy there

shall be an unconditional stay of all further proceedings of

the award dated September 20, 2019 passed by the

learned Judge, M.A.C. Tribunal-cum- Additional District

Judge, 2nd Court, Arambagh, Hooghly in M.A.C. Case No.

25 of 2013 for a period of four weeks from date.

The appellant/Insurance Company is required 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

orders.

If the deposit, as directed above, is made within the

aforesaid period, the stay granted by this order shall

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

order of stay shall stand automatically vacated without

any reference of this Court.

Accordingly, the application for stay being CAN 1 of

2019 (CAN 12091 of 2019) is disposed of.

Mr. Subhankar Mandal, counsel is appearing on

behalf of the respondents/claimants. Notice of appeal

upon the respondents/claimants is dispensed with.

Let the lower court records be called for at once. As

soon as the lower court records arrive, office shall examine

the same and if found complete, it shall serve notice of

arrival of the lower court records upon Mr. Roy, who

undertakes to file requisite number of informal paper

books - printed, typewritten or cyclostyled, incorporating

all papers used before the tribunal within four weeks

thereafter.

As soon as the paper books are filed, the parties

shall be at liberty to mention the appeal for hearing.

(Shekhar B. Saraf, J.)