Icici Lombard General Ins.Co.Ltd vs Smt. Rinku Bhowmick & Ors
2022 Latest Caselaw 8142 Cal

08.12.2022
SL No. 13
Ct No. 654
  Sk


                     F.M.A. 3 of 2022
                       CAN 1 of 2022
                    ICICI Lombard General Ins.Co.Ltd.
                             Vs
                    Smt. Rinku Bhowmick & Ors.


              Mr. Parimal Kr. Pahari
                   ...for the appellant-Insurance Co.

                     This appeal is directed against the judgment

             and award dated 7th April 2021 passed by learned

             Judge, Motor Accident Claims Tribunal, Kalna,

             Purba Bardhaman in M.A.C Case no. 14 of 2011

             under Section 166 of the Motor Vehicles Act, 1988.

                     As per report of the Additional Stamp

             Reporter dated 7.12.2021 the appeal is filed within

             the statutory period of limitation.

                     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
               2




appellant-insurance company within a period of two

weeks.

         Upon receipt of notice of arrival learned

advocate for appellant-insurance company shall

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.

         Appellant-insurance company is directed to

deposit Talabana cost alongwith written up notice

forms for service of notice of appeal upon the

respondents with two weeks from date.

Re: CAN 1 of 2022

This is an application for stay of operation of

impugned judgment and award dated 7th April 2021

passed by learned Judge, Motor Accident Claims

Tribunal, Kalna, Purba Bardhaman in M.A.C Case

no. 14 of 2011 under Section 166 of the Motor

Vehicles Act, 1988.

By an order dated 7th April 2021 the learned

tribunal granted compensation in favour of the

claimants to the tune of Rs.5,40,000/- under

Section 166 of the Motor Vehicles Act, 1988.

Mr. Parimal Kumar Pahari, 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.

It appears that no caveat has been lodged as

per report of Computer Section, Appellate Side, High

Court, Calcutta dated 22.11.2022.

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.709 dated

1.10.2021.

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 respondents

and file affidavit of service on the next date.

        Let        the   matter         appear     one     week    on

reopening after Winter Vacation.




                                 (Bivas Pattanayak, J.)