New India Assurance Co. Ltd vs 2
2022 Latest Caselaw 3890 Cal

Ct.   01.7                      F.M.A.T. 255 of 2022
No.
      2022                         IA No. CAN 1 of 2022
14
                                New India Assurance Co. Ltd.
                                          -Versus-
20
                                  Ratikanta Patra & Ors.
akb
             Ms. Sucharita Paul                ...For the Appellant
                                                Insurance Co.


                           This appeal has been preferred by the appellant,
             New India Assurance Company Ltd. against the judgment
             and award passed by the learned Judge, Motor Accident
             Claims Tribunal-cum-Additional District Judge, Fast Track
             Court-II, Tamluk, Purba Medinipur in MACC No. 115 of
             2013. The appeal has been filed within the statutory period.

                           Let the appeal be admitted and formally
             registered.

                           Call for the lower Court records by special
             messenger. The appellant is directed to deposit the special
             messenger cost within ten days from date. After deposit the
             special messenger cost is made, the department shall take
             effective steps to call for the lower Court record within
             twenty days thereafter.

                           Immediately after arrival of the lower Court
             records, office shall examine the same and, if found
             complete, shall serve notice of arrival of lower Court records
             upon the learned Advocate for the appellant at once.

                           The appellant is given liberty to prepare and file
             requisite number of informal paper books - printed,
             typewritten or cyclostyled, as the case may be - out of court,
             within a period of two weeks from the date of service of
             notice of arrival of lower Court records on the learned
             Advocate for the appellant.
                       2




             The application being IA No. CAN 1 of 2022
seeking stay of operation of the impugned judgment and
award is taken up for hearing.

             Heard learned Counsel appearing for the
appellant/Insurance Company.

             Learned Counsel for the appellant submits that
the appellant has already deposited Rs. 25,000/- as statutory
deposit as required under Section 173 of the Motor Vehicles
Act, 1988. Learned lawyer further submits that the appellant
is ready to deposit the entire awarded amount with interest
thereon within such period as will be directed by this Court.
In such situation, she seeks that the operation of the
impugned order be stayed for a limited period.

             What I find from the Office note, the appellant
has already deposited a sum of Rs. 25,000/- as statutory
deposit vide Challan No. 878 dated 22.6.2022.

             Let the operation of the impugned judgment
award dated March 31, 2022 passed by the learned Judge,
Motor Accident Claims Tribunal-cum-Additional District
Judge, Fast Track Court-II, Tamluk, Purba Medinipur, in
MACC No. 115 of 2013 be stayed for a period of four weeks
from date.

             The appellant is directed to deposit the awarded
amount of money with interest thereon less the statutory
deposit of Rs. 25,000/- with the learned Registrar General of
this Hon'ble High Court within four weeks from date.

             If the appellant deposits the awarded amount of
money with interest thereon less the statutory deposit of
                       3




Rs.25,000/- with the learned Registrar General of this court
within four weeks from date, the order of stay shall continue
till disposal of the application for stay on hand.

            Learned Registrar General shall ensure that the
aforesaid amount of money to be deposited by the appellant
shall be invested in a short-term auto-renewable fixed
deposit account in any nationalised bank until further order.

            Let a copy of the application for stay of the
impugned award be served upon the respondents by speed

post with AD within 10 (ten) days and affidavit of service be filed on the next date of hearing.

Let the matter appear in the list for hearing the application for stay on August 10, 2022.

( Rabindranath Samanta, J.)