National Insurance Co. Ltd vs Anita Mukherjee & Ors
2022 Latest Caselaw 8686 Cal

23.12.2022
Sl. No. 61
Ct No. 654
     Ali


                        F.M.A. 1377 of 2022
                      IA No.: CAN/1/2022, CAN/2/2022

                             National Insurance Co. Ltd.
                                    Vs
                             Anita Mukherjee & Ors.

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

                      Re: CAN 1 of 2022

                      This is an application for condonation of

             delay.

                      Mr    Rajesh    Singh, learned    advocate   for

             appellant-insurance      company     submits   that   the

             appeal is within time and the application for

             condonation be treated as redundant.

                      As per report of Additional Stamp Reporter

             dated 24.11.2022 the appeal is filed within statutory

             period of limitation.

                      Accordingly the application for condonation

             of   delay     has   become    redundant    and   stands

             dismissed.

                      Thus the application for condonation of

             delay being CAN 1 of 2022 stands disposed of.

                      The    appeal    is   formally   admitted    and

             registered.

                      This appeal is directed against the judgment

             and award dated 31st May 2022 passed by learned
             2




Additional District Judge, 2nd Court, Arambagh,

Hooghly in M.A.C Case no. 2 of 2015 under Section

166 of the Motor Vehicles Act, 1988.

         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 three weeks from date.

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.

         Upon receipt of notice of arrival learned

advocate for appellant-insurance company shall

prepare and file four sets 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 two week after Winter Vacation.

Re: CAN 2 of 2022

This application is taken up upon

mentioning by learned advocate for insurance

company.

This is an application for stay of operation of

judgment and award dated 31st May 2022 passed by

learned Additional District Judge, 2nd Court,

Arambagh, Hooghly in M.A.C Case no. 2 of 2015

under Section 166 of the Motor Vehicles Act, 1988.

By an order dated 31st May 2022 the learned

tribunal granted compensation in favour of the

claimant to the tune of Rs.17,35,000/- alongwith

interest 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.

As per report of Computer Section, Appellate

Side, High Court, Calcutta dated 2.12.2022 no

caveat has been lodged.

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.2329

dated 3.11.2022

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 six

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 six

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 respondents and

file affidavit of service on the next date fixed.

Let the matter appear three weeks on

reopening after Winter Vacation.

(Bivas Pattanayak, J.)