National Insurance Company ... vs Manasi Halder & Anr
2022 Latest Caselaw 8687 Cal

23-12-2022
 ct no. 654
  Sl.31
    sp
                           F.M.A. 1238 of 2022
                         IA No. CAN 1 of 2022
                  National Insurance Company Limited
                              -Versus-
                            Manasi Halder & Anr.

              Mrs. Sucharita Paul
                          ...for the appellant-insurance company




                      This appeal is directed against the impugned

              judgement and award dated 18.06.2022 passed by

              the learned Additional District Judge-Cum-Judge,

              Motor Accident Claim Tribunal, Fast Track, 1st Court,

              Diamond Harbour, 24 Parganas (South) in M.A.C.

              Case No. 231 of 2017 under Section 166 of the Motor

              Vehicles Act, 1988.

                      As per the report of the Additional Stamp

              Reporter dated 21.09.2022, the appeal is filed within

              the statutory period of limitation.

                      Accordingly, the appeal is formally admitted

              and registered.

                      Call for the Lower Court Records.

                      The Department is directed to take effective

              steps for bringing the Lower Court Records from the

              learned Tribunal within a period of 3 weeks from

              date.

                      Upon receipt of the Lower Court Records, the

              office shall examine the same and if found to be
                          2




complete, shall serve notice of arrival of Lower Court

Records upon the learned advocate for the appellant-

insurance company within a period of 2 weeks from

date.

        Upon service of notice of arrival of Lower Court

Records, the learned advocate for the appellant-

insurance company shall prepare and file requisite

numbers of informal paper book incorporating all

relevant documents including pleadings, both oral

and documentary evidence in typed or Cyclostyle or

printed form within a period of 4 weeks from the date

of service of notice of arrival of Lower Court Records.

        The   appellant-insurance   company    is   also

directed to deposit Talabana cost along with written

of notice formed for service of notice of appeal upon

the respondents within 2 weeks on reopening after

the winter vacation.

In Re: CAN 1 of 2022

This is an application for stay of operation of

the impugned judgment and award dated 18.06.2022

passed by the learned Additional District Judge-

Cum-Judge, Motor Accident Claim Tribunal, Fast

Track, 1st Court, Diamond Harbour, 24 Parganas

(South) in M.A.C. Case No. 231 of 2017 under

Section 166 of the Motor Vehicles Act, 1988.

By an order dated 18.06.2022, the learned

Tribunal granted compensation in favour of the

claimants amounting to Rs. 5,92,750/- along with

interest under Section 166 of the Motor Vehicles Act.

Mrs. Sucharita Paul, learned advocate appears

for the 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 at Calcutta, within

such period as would be directed by this Court. On

such count, she prays for stay of operation of the

impugned judgment and award.

As per the report of Computer Section,

Appellate Side, High Court at Calcutta dated

03.08.2022, no caveat has been lodged.

The report of the S.R. Section shows deposit of

Rs. 25,000/- in terms of Section 173(1) of the Motor

Vehicles Act, 1988 with the Registry of this Court

vide Challan No. 1575 dated 18.08.2022.

In view of the readiness and willingness on the

part of the appellant-insurance company to deposit

the entire awarded sum along with interest less

statutory deposit, there shall be stay of operation of

the impugned judgment and award for a period of 6

weeks. The appellant-insurance company is directed

to deposit the entire awarded sum along with interest

less statutory deposit before the learned Registrar

General, High Court at Calcutta, within a period of 6

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 to this Court.

The learned Registrar General, High Court at

Calcutta shall ensure that the amount to be

deposited by the appellant-insurance company to

invest in a short term or to a renewable scheme of

any nationalized bank until further order.

The appellant-insurance company is directed

to serve copy of this application upon the

respondents-claimants and file affidavit of service on

the next date fixed.

Let the matter appear 3 weeks on reopening

after the winter vacation.

(Bivas Pattanayak, J.)