Magma Hdi General Insurance Co. ... vs 2 (Main File
2022 Latest Caselaw 5380 Cal

Ct.     12.8                          F.M.A. 814 of 2022
No.
        2022                            IA No. CAN 1 of 2022
14
                                 Magma HDI General Insurance Co. Ltd.
                                               -Versus-
 2     (Main file
                                         Rita Mahanti & Ors.
akb     not with
                                    (Main File not with this order)
      this order)
                    Mr. Parimal Kumar Pahari         ...For the Appellant


                                This appeal has been preferred against the
                    judgment and award passed by the learned Judge, Motor
                    Accident Claims Tribunal, Fast Track Court-III, Sadar,
                    Paschim Medinipur in MACC No. 198 of 2020.

                                Since, the appeal has been filed within the
                    statutory period, the appeal has formally been registered.

                                Call for the lower Court records.

                                The department is directed to 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 three weeks from the date of service of notice of
                    arrival of lower Court records on the learned Advocate for
                    the appellant.

                                The application, being IA No. CAN 1 of 2022
                    seeking stay of operation of the impugned judgment and
                    award is taken up for hearing.
                      2




             I have heard learned Lawyer appearing for the
appellant.

             Learned Lawyer appearing for the appellant
submits that the appellant has already made the statutory
deposit of Rs. 25,000, vide challan dated 06th June, 2022.
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 it appears from a copy of the challan, the
appellant has already deposited a sum of Rs. 25,000/- vide
challan dated 06th June 2022 as required under Section 173
of the Motor Vehicles Act.

             In view of the above, let there be stay of
operation of the judgment and award dated 10th February
2022 passed by the learned Judge, Motor Accident Claims
Tribunal, Fast Track Court-III, Sadar, Paschim Medinipur, in
MACC No. 198 of 2020 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
                       3




this Court within four weeks from date, the order of stay
shall continue till disposal of the application for stay 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 30, 2022.

( Rabindranath Samanta, J.)