Limited vs Smt. Aparna Sarkar And Others
2022 Latest Caselaw 4645 Cal

S/L. 21.                 IN THE HIGH COURT AT CALCUTTA
July 22, 2022.            CIVIL APPELLATE JURISDICTION
MNS.


                                  FMA No. 275 of 2021
                                          with
                          CAN 1 of 2020 (Old CAN 1267 of 2020)

                           Shriram General Insurance Company
                                        Limited
                                           Vs.
                             Smt. Aparna Sarkar and others


                        Mr. Rajesh Singh

                                      ... for the appellant.

                        This appeal has been preferred against the

                 judgment and award passed by the learned

                 Judge, Motor Accident Claims Tribunal, Fast

                 Track Court-II, Lalbagh, Murshidabad, In M.A.C.

                 Case No. 04 of 2018.

                        The appeal has been filed within time. Let

                 the appeal be admitted and formally registered.

                        Call for the Lower Court Records.

                        The    department    is   directed   to   take

                 effective steps so that the LCR be reached within

                 three weeks from the date of communication of

                 this order.

                        After the LCR is received and found

                 complete, the department shall serve notice of

                 arrival of LCR upon the learned lawyer for the

                 appellant shortly thereafter.
                            2




         Thereafter, the appellant shall prepare

requisite number of informal paper books, printed,

cyclostyled or typewritten out of court and file the

same in Court within fifteen days thereafter.

         Now the application, being CAN 1 of 2020

(Old CAN 1267 of 2020) seeking stay of

operation of the impugned award is taken up for

hearing.

         Learned lawyer appearing for the appellant

submits that the appellant has already made the

statutory deposit of Rs. 25,000/- vide Challan No.

2364 dated January 6, 2020.

         Learned lawyer further submits that the

appellant shall deposit the awarded amount of

money with interest less the statutory deposit

within such period as will be directed by the

Court.

         As it appears from the case record, the

appellant has already deposited Rs.25,000/- as a

statutory deposit as required under Section 173

of the Motor Vehicles Act, 1988 vide challan

dated January 6, 2020.

         In view of the above, there will be an order

of stay operation of the impugned award for a

limited period of four weeks.
                             3




       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 Court within four

weeks from date.

       If the appellant deposits the aforesaid

amount of money, the order of stay will continue

till disposal of the stay application.

       The    learned     Registrar      General    shall

ensure that the amount of money to be deposited

by the appellant is invested in a short-term auto-

renewable     fixed    deposit   account     with    any

nationalised bank until further order.

       The appellant is directed to serve a copy of

the stay application along with memorandum of

appeal upon the respondents by speed post with

A/D within ten days from date and the affidavit-of-

service be filed on the returnable date.

Let the matter be listed for hearing of the

stay application on September 28, 2022.

(Rabindranath Samanta, J.)