Magma Hdi General Insurance Co. ... vs Sushil Ghosh @ Haru Ghosh
2022 Latest Caselaw 8692 Cal

23.12.2022
Sl. No. 50
Ct No. 654
     Ali


                      F.M.A.T (MV) 533 of 2022
                      IA No:CAN/1/2022, CAN/2/02022.

                   MAGMA HDI General Insurance Co. Ltd.
                                 Vs
                  Sushil Ghosh @ Haru Ghosh

                      Mrs Gopa Das Mukherjee
                           ......for appellant-insurance company


                      Affidavit of service filed on behalf of the

             appellant-insurance company is taken on record.

             Re: CAN 2 of 2022

                      This is an application for condonation of

             delay.

                      Mrs Gopa Das Mukherjee, learned advocate

             for appellant-insurance company submits that there

             is delay of only 3 days in filing the appeal which

             should be condoned.

                      The track report annexed to the affidavit of

             service shows that the copy of this application has

             been served upon the respondents. None appears for

respondents.

Hence the application for condonation of

delay is taken up for consideration.

As per report of Additional Stamp Reporter

dated 25.11.2022 there is delay of only 3 days in

filing the appeal. The cause shown is sufficient to

condone such delay. Accordingly, the delay of 3 days

in preferring the appeal is condoned.

Thus the application for condonation of

delay being CAN 2 of 2022 stands disposed of.

The appeal is formally admitted and

registered.

This appeal is directed against the judgment

and award dated 7th May 2022 passed by learned

Additional District Judge cum Judge, Motor

Accident Claims Tribunal, Fast Track, 4th Court,

Barasat, 24-Parganas (North) in M.A.C Case no. 679

of 2015 (Old no. MAC Case no.616 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 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 two week after Winter Vacation.

Re: CAN 1 of 2022

This is an application for stay of operation of

judgment and award dated 7th May 2022 passed by

learned Additional District Judge cum Judge, Motor

Accident Claims Tribunal, Fast Track, 4th Court,

Barasat, 24-Parganas (North) in M.A.C Case no. 679

of 2015 (Old no. MAC Case no.616 of 2015) under

Section 166 of the Motor Vehicles Act, 1988.

By an order dated 7th May 2022 the learned

tribunal granted compensation in favour of the

claimant to the tune of Rs.4,84,000/- alongwith

interest under Section 166 of the Motor Vehicles

Act, 1988.

Mrs Gopa Das Mukherjee, 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 she prays for stay of operation of impugned

judgment and award.

The track report annexed to the affidavit of

service shows that the copy of this application has

been served upon the respondents.

As per report of Computer Section, Appellate

Side, High Court, Calcutta dated 8.12.2022 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.2461

dated 15.11.2022

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.

Let the matter appear three weeks on

reopening after Winter Vacation.

(Bivas Pattanayak, J.)