Hdfc Ergo General Insurance Co. ... vs Argina Bibi & Ors
2022 Latest Caselaw 8210 Cal

                         IN THE HIGH COURT AT CALUTTA
                            Civil Appellate Jurisdiction
12.12.2022
 SL No.15
Court No. 654
     Ali


                           F.M.A.T. (MV) 392 of 2022
                           IA No: CAN/1/2022


                      HDFC ERGO General Insurance Co. Ltd.
                                 Vs.
                            Argina Bibi & Ors.

                 Mr. Rajesh Singh
                               ....for the appellants-Insurance Co.


                         This appeal is directed against the judgment

                and award dated 7th July 2022 passed by learned

                Judge, Motor Accident Claims Tribunal, Katwa in

                M.A.C Case no. 30 of 2017 under Section 166 of the

                Motor Vehicles Act, 1988.

                         As per report of the Additional Stamp

                Reporter dated 9.9.2022 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

                appellant-insurance company within a period of two

                weeks.
               2




        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 July 2022

passed by learned Judge, Motor Accident Claims

Tribunal, Katwa in M.A.C Case no. 30 of 2017 under

Section 166 of the Motor Vehicles Act, 1988.

By an order dated 7th July 2022 the learned

tribunal granted compensation in favour of the

claimants to the tune of Rs.2,95,000/- under

Section 166 of the Motor Vehicles Act, 1988.

Mr Rajesh Singh, 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 29.9.2022.

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.1636

dated 25.8.2022.

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 a 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 nationalized 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.)