National Insurance Co. Ltd vs Totan Pal Alias Toton Pal & Anr
2022 Latest Caselaw 5256 Cal

19   10.8.2022
Sc   Ct. no.14
                                        FMA 908 OF 2022
                                               with
                                     I.A. No.CAN 1 OF 2022
                                         (Application for stay)
                                              --------------

National Insurance Co. Ltd.

Vs.

Totan Pal alias Toton Pal & Anr.

Ms. Sucharita Paul ... For the Appellant/ Insurance Company

This appeal has been preferred against a judgment

and award dated 10th March, 2022 passed by the learned

Judge, Motor Accident Claims Tribunal & Additional

District Judge, 7th Court, Paschim Medinipur in M.A.C.C.

Case No. 586 of 2017. The appeal has been filed within

the statutory period.

Let the appeal be admitted and formally registered.

Call for the LCR.

The department is directed to take effective steps so

that the LCR is received from the learned tribunal within

three weeks from the date of communication of this order.

After the LCR is received and found complete on its

examination, notice of arrival of the LCR be served upon

the learned lawyer for the appellant soon thereafter.

The appellant is directed to prepare three sets of

informal paper books - printed, typewritten or

cyclostyled, out of Court and file the same in the Court

within fifteen days thereafter.

Now the application being I.A. No.CAN 1 of 2022

seeking stay of operation of the award is taken up for

hearing.

Learned lawyer appearing for the appellant submits

that the appellant has already made the statutory deposit

of Rs.25,000/- vide challan dated 24th June, 2022.

Learned lawyer further submits that the appellant shall

deposit the awarded amount of money with interest

thereon within such period as will be directed by the

Court. In such context, learned lawyer seeks stay of

operation of the impugned award.

As I find, the appellant has made the statutory

deposit of Rs.25,000/- as required under Section 173 of

the Motor Vehicles Act.

In view of the above, let there be an order of stay of

operation of the impugned award for a limited period of

four weeks.

The appellant is directed to deposit the awarded

amount of money with interest thereon less the statutory

deposit of Rs.25,000/- with the Registrar General of this

Court within four weeks from date.

If the appellant makes such deposit, the interim

order of stay will continue till disposal of the stay

application; failing to deposit the amount, the order of

stay shall stand vacated automatically.

Learned Registrar General shall ensure that the

amount of money to be deposited by the appellant shall

be invested in a short-term auto-renewable fixed deposit

account with any nationalised bank until further order.

The appellant is directed to serve a copy of the stay

application upon the respondents by Speed Post with

Acknowledgement Due by ten days from date.

ACO Let the matter be listed for hearing the stay

application being I.A. No. CAN 1 of 2022 on 26th

September, 2022.

(Rabindranath Samanta, J.)