Calcutta High Court (Appellete Side)
4 vs Hari Sankar Chakraborty & Ors on 29 August, 2022
Ct. 29.8 F.M.A.T. (MV) 386 of 2022
No.
2022 New India Assurance Co. Ltd.
14
-Versus-
Hari Sankar Chakraborty & Ors.
32
akb
Mr. Rajdeep Bhattacharya ...For the Appellant
Assurance Co.
This appeal has been preferred against the
judgment and award passed by the learned Judge, Motor
Accident Claims Tribunal, 6th Court at Alipore, south 24-
Parganas, in MACC No. 40 of 2013.
The appeal has been preferred within the
statutory period.
Let the appeal be admitted and formally
registered.
Call for the lower Court records. The department
is directed to take effective steps to call for the lower Court
records 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 requisite
number of informal paper books - printed, typewritten or
cyclostyled, as the case may be - out of Court, within fifteen
days from the date of service of notice of arrival of lower
Court records on the learned Advocate for the appellant.
Now, the application, being IA No. CAN 1 of
2022 seeking stay of operation of the impugned award is
taken up for hearing.
Learned Lawyer appearing for the appellant
2
submits that the appellant has already made the statutory
deposit of Rs. 25,000, vide challan dated 26th August, 2022.
He further submits that the appellant will deposit the
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 case record, the appellant has
already deposited a sum of Rs. 25,000/- vide challan dated
26th August 2022 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 31st May, 2022 passed by the
learned Judge, Motor Accident Claims Tribunal, 6th Court at
Alipore, South 24-Parganas, in MACC No. 40 of 2013 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 six 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 application 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
3
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 as well as copy of the memorandum of
appeal upon the respondents also 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 on November 21, 2022.
( Rabindranath Samanta, J.)
