Calcutta High Court (Appellete Side)
Icici Lombard General Insurance ... vs Smt. Mina Das (Mohanta) & Ors on 5 August, 2022
Ct. 05.8 F.M.A.T. 223 of 2020
No.
2022 IA No. CAN 1 of 2021
14
ICICI Lombard General Insurance Co. Ltd.
-Versus-
10
Smt. Mina Das (Mohanta) & Ors.
akb
Mr. Soumen Kumar Roy ...For the Appellant
Insurance Co.
Mr. Saidur Rahaman ...For the Respondents
Claimants
This appeal has been preferred against the
judgment and award passed by the learned Motor Accident
Claim Tribunal, Fast Track Court-II, Raiganj, Uttar
Dinajpur, in MACC No. 144 of 2016.
The appeal has been filed within time. Let the
appeal be admitted and formally registered.
Call for the lower Court records by special
messenger.
The appellant is directed to deposit the special
messenger cost within ten days from date.
After the special messenger's cost is deposited,
the department shall take effective steps so that the lower
Court records are received from the learned Tribunal within
three weeks from the date of communication of this order.
Immediately after arrival of the lower Court
records, office shall examine the same and, if found
complete, shall serve notice of arrival of lower Court records
upon the learned Advocate for the appellant soon thereafter.
The appellant is given liberty to prepare and file
requisite number of informal paper books - printed,
typewritten or cyclostyled, as the case may be - out of court,
within twenty days from the date of service of notice of
arrival of lower Court records on the learned Advocate for
the appellant.
Learned Lawyer appearing for the
respondents/claimants submit that he has filed vokalatnama,
vide challan No. A2611 dated 27th February 2022.
Department is directed to tag the vokalatnama with the file
immediately.
The application, being IA No. CAN 1 of 2021
seeking stay of operation of the impugned judgment and
award is taken up for hearing.
I have heard learned Lawyers appearing for the
parties.
Learned Lawyer appearing for the appellant
submits that the appellant has already made the statutory
deposit of Rs. 25,000, vide challan dated 25th November,
2020. He further submits that the appellant will deposit the
entire awarded amount of money with interest thereon less
the statutory deposit of Rs. 25,000/- within such period as
will be directed by this Court. In such context, learned
Lawyer submits that operation of the impugned award be
stayed for a limited period.
As I find from the report furnished by the
department, the appellant has already deposited a sum of Rs.
25,000/- vide challan dated 25th December, 2020 as required
under Section 173 of the Motor Vehicles Act.
In view of the above, let there be stay of
operation of the award dated January 07, 2020 passed by the
learned Judge, Motor Accident Claims Tribunal, Fast Track
Court-II, Raiganj, Uttar Dinajpur, in MACC No. 144 of
2016 for a limited period of four weeks from date.
The appellant is directed to deposit the entire
awarded amount of money with interest thereon less the
statutory deposit of Rs. 25,000/- with the learned Registrar
General of this Hon'ble High Court within four weeks from
date.
If the appellant deposits the entire awarded
amount of money with interest thereon less the statutory
deposit of Rs.25,000/- with the learned Registrar General of
this Court within four weeks from date, the order of stay
shall continue till disposal of the applications on hand.
However, if the appellant fails to deposit the amount, the
order of stay shall stand vacated automatically.
Learned Registrar General shall ensure that the
aforesaid amount of money to be deposited by the appellant
shall be invested in a short-term auto-renewable fixed
deposit account in any nationalised bank until further order.
The appellant is directed to serve copy of the
application for stay upon the respondents within ten days by
speed post with AD and file affidavit of service on the next
date of hearing.
Let the matter be listed 'for hearing' the
application for stay on September 12, 2022.
( Rabindranath Samanta, J.)
