Calcutta High Court (Appellete Side)
National Insurance Company ... vs Mrs Sabita Roy & Ors on 15 December, 2022
15-12-2022 IN THE HIGH COURT AT CALCUTTA
Item no.69 Civil Appellate Jurisdiction
Subrata
CAN No.1 of 2021
in
FMAT(MV) No.463 of 2022
National Insurance Company Limited
-versus-
Mrs Sabita Roy & Ors.
Mr. Rajesh Singh
...for the appellant
This appeal is directed against the judgment and award
dated 12th July 2022 passed by learned Additional District
Judge cum Judge, Motor Accident Claims Tribunal, 6th
Court, Alipore in M.A.C Case no. 5 of 2016 under Section
163A of the Motor Vehicles Act, 1988.
As per the report of additional Stamp Reporter dated
24.11.2022 the appeal is filed within the statutory period of
limitation.
Accordingly, the appeal is 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
appellants-claimants 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 within two weeks.
Re: CAN No.1 of 2022
This is an application for stay of operation of impugned
judgment and award dated 12th July 2022 passed by
learned Additional District Judge cum Judge, Motor
Accident Claims Tribunal, 6th Court, Alipore in M.A.C Case
no. 5 of 2016 under Section 163A of the Motor Vehicles Act,
1988.
By an order dated 12th July 2022 the learned tribunal
granted compensation in favour of the claimants to the tune
of Rs.3,55,200/- 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 4.11.2022.
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.2129 dated 28.9.2022.
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 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 two weeks on reopening after Winter
Vacation.
[Bivas Pattanayak, J]
