The New India Assurance Co. Ltd vs Purnima Podder And Others
2022 Latest Caselaw 5527 Cal

17th August, 2022
  (D/L No.15)
   Ct.No.14
     (SKB)

                                       FMAT (MV) 345 of 2022
                                              With
                                          CAN 1 of 2022

                                The New India Assurance Co. Ltd.
                                             Versus
                                   Purnima Podder and others

                                 Ms. Sucharita Paul
                                                           ... for the appellant.



                         This   appeal    has     been   preferred    against     the

                    judgment and award dated 30th June, 2022 passed by

                    the learned Judge, Motor Accident Claims Tribunal,

                    Fast Track, 1st Court, Alipore, South 24 Parganas in

                    MAC Case No.469 of 2019.

                         The appeal has been filed within time.

                         Let the appeal be admitted and formally registered.

                         Call for the Lower Court Records.

                         The Department is directed to take effective steps

                    so that the L.C.R. may be received from the learned

                    Tribunal    within    three   weeks    from      the   date    of

                    communication of the order.

                         After the L.C.R. is received and found complete on

                    its examination, notice of arrival of the L.C.R. be served

                    upon the learned lawyer appearing for the appellant

                    soon thereafter.

                         The appellant is directed to prepare three sets of

                    informal paper books - typewritten, cyclostyled or
                             2




printed out of court - and file one set of paper book in

court within fifteen days thereafter. The appellant shall

serve one set of paper book upon the contesting

respondents.

Now, the application being CAN 1 of 2022 seeking

stay of the operation of the impugned order 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 10th

August, 2022. Learned lawyer further submits that the

appellant shall deposit the awarded amount with

interest thereto less the statutory deposit of Rs.25,000/-

within the said period as will be directed by the court.

In such context, learned lawyer seeks stay of the

operation of the impugned order.

As I find from the Office Report, the appellant

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

the Motor Vehicles Act vide challan dated 10th August,

2022.

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

operation of the impugned order 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 learned

Registrar General of this court within four weeks from

date. If the appellant deposits the aforesaid amount of

money, in that event, the interim order of stay will

continue till disposal of the stay application. Failing

which the interim order shall stand vacated

automatically.

The learned Registrar General shall ensure that

the amount of money to be deposited by the appellant is

invested in a short-term auto-renewable fixed deposit

with any nationalised bank until further order.

The appellant is directed to serve a copy of the stay

application along with the copy of the memorandum of

appeal upon all the respondents by speed post with AD

within ten days from date. The appellant is also

directed to file a certified copy of the impugned

judgment and award by the returnable date.

Let the application for stay be listed for hearing on

30th September, 2022. Affidavit of service be filed on the

date.

(Rabindranath Samanta, J.)