Calcutta High Court (Appellete Side)
National Ins. Co.Ltd vs Swapna Shaw & Ors on 5 December, 2022
05.12.2022
sl.no. 25
Ct No. 654
Sk
F.M.A. 1350 of 2021
IA No: CAN/1/2021
National Ins. Co.Ltd.
vs
Swapna Shaw & Ors.
Mr. Afroze Alam
...for the appellant.
Mr. Afroze Alam, learned advocate files copy
of the letter of intimation dated 1.11.2022 made to
learned advocate for respondent no.7-owner of the
offending vehicle. The said letter is taken on record.
None appears on behalf of respondent no.7-
owner of the offending vehicle.
This appeal is directed against the judgment
and award dated 22nd March 2021 passed by
learned Additional District Judge cum Judge, Motor
Accident Claims Tribunal, 2nd Court, Chinsurah,
Hooghly in M.A.C Case no. 55 of 2017 under Section
166 of the Motor Vehicles Act, 1988.
As per report of Stamp reporter dated
21.9.2021 the appeal is filed within the statutory
period of limitation.
Accordingly the appeal is formally admitted and
registered.
Call for the lower court records.
Department is directed to take effective steps
for bringing the lower court records from the learned
tribunal within a period of two weeks.
Upon receipt of the lower court records, the
office shall examine the same and if found to be
complete and in order shall serve notice of arrival of
lower court records upon learned advocate for the
appellant-insurance company within a period of two
weeks.
Learned advocate for appellant-insurance
company is directed to prepare and file requisite
numbers of informal paper books incorporating all
relevant papers and documents including pleadings,
both oral and documentary evidence in printed,
cyclostyled or typewritten form within the period of
four weeks from date of service of notice of arrival of
lower court records.
As respondent no.7-owner of the offending
vehicle has already entered appearance, hence
service of notice of appeal upon respondent no.7-
owner of the offending vehicle is dispensed with.
Appellant-insurance company is directed to
deposit talabana cost along with written up notice
forms for service of notice of appeal upon
respondent no.1 to 6 within a period of two weeks
from date.
Re: CAN 1 of 2021
This is an application for stay of operation of
impugned judgment and award dated 22nd March
2021 passed by learned Additional District Judge
cum Judge, Motor Accident Claims Tribunal, 2nd
Court, Chinsurah, Hooghly in MAC Case no.55 of
2017 under Section 166 of the Motor Vehicles Act,
1988.
By an order dated 22nd March 2021 the
learned tribunal granted compensation in favour of
the claimants to the tune of Rs.18,83,600/- under
Section 166 of the Motor Vehicles Act, 1988.
Mr. Afroze Alam, learned advocate for
appellant-insurance company submits that the
insurance company has already deposited the
statutory amount of Rs.25,000/-and is ready and
willing to deposit the entire awarded sum along with
interest less statutory deposit before the learned
Registrar General, High Court, Calcutta within such
period as would be directed by this court. On such
count he prays for stay of operation of impugned
judgment and award.
Copy of this application served upon learned
advocate for respondent no.7-owner of the offending
vehicle.
None appears for respondent no.7-owner of
the offending vehicle.
It appears that no caveat has been lodged as
per report of Computer Section, Appellate Side, High
Court, Calcutta dated 15.9.2021.
Report of SR section shows that an amount of Rs
25,000/-has been deposited in terms of Section
173(1) of the Motor Vehicles Act with the Registry of
this Court vide OD Challan no.551 dated 6.9.2021.
In view of the readiness and willingness on
the part of appellant-insurance company to deposit
the entire awarded sum along with interest less
statutory deposit, there shall be stay of operation of
impugned judgment and award for a period of four
weeks. Appellant-insurance company is directed to
deposit the entire awarded sum along with interest
less statutory deposit before the learned Registrar
General, High Court, Calcutta within the period of
four weeks.
In the event the appellant-insurance
company makes deposit of the aforesaid amount the
stay shall continue till the disposal of this
application. In default to make deposit of the
aforesaid amount the stay shall stand automatically
vacated without reference this court.
Learned Registrar General, High Court,
Calcutta shall ensure that the amount to be
deposited by the appellant-insurance company be
invested in a short term auto-renewable scheme of
any nationalised bank until further orders.
Appellant-insurance company is directed to
serve copy of this application upon the respondent
no.1 to 6 and file affidavit of service on the next date
fixed.
Let the matter appear one week after the
Winter Vacation.
(Bivas Pattanayak, J.)
