Icici Lombard General Ins. Co. Ltd vs Panchami Barman & Ors
2022 Latest Caselaw 8623 Cal

22.12.2022
Sl. No. 52
Ct No. 654
     Ali


                           F.M.A. 482 of 2021
                     IA No.: CAN/1/2021

                        ICICI Lombard General Ins. Co. Ltd.
                                 Vs
                       Panchami Barman & Ors.

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

                     This appeal is directed against the judgment

             and award dated 29th February 2020 passed by

             learned Additional District Judge cum Judge, Motor

             Accident Claims Tribunal, Fast Track, 3rd Court,

             Malda in M.A.C Case no. 49 of 2017 under Section

             166 of the Motor Vehicles Act, 1988.

                     As per report of the Stamp Reporter dated

             15.3.2021 the appeal is filed within the statutory

             period of limitation in view of order dated 23.3.2020

             of Hon'ble Supreme Court passed in Suo Motu Writ

             (C) no. 3 of 2020.

                     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
               2




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.

         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 a 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 one week after Winter Vacation.

Re: CAN 1 of 2021

This is an application for stay of operation of

impugned judgment and award dated 29th February

2020 passed by learned Additional District Judge

cum Judge, Motor Accident Claims Tribunal, Fast

Track, 3rd Court, Malda, in M.A.C Case no. 49 of

2017 under Section 166 of the Motor Vehicles Act,

1988.

By an order dated 29th February 2020 the

learned tribunal granted compensation in favour of

the claimants to the tune of Rs.5,91,600/- 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 21.1.2021.

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.3237

dated 14.1.2021.

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 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    two   weeks     on

reopening after Winter Vacation.

                                        (Bivas Pattanayak, J.)