Calcutta High Court (Appellete Side)
The Oriental Insurance Co.Ltd vs Anjali Rani Ghosh & Ors on 3 November, 2022
3.11.2022
sl No. 25
Ct No. 654
Sk
F.M.A 1131 of 2022
1A No. CAN/1/2022
The Oriental Insurance Co.Ltd.
Vs
Anjali Rani Ghosh & Ors.
Ms. Sucharita Paul...for the appellant.
This appeal is preferred against judgment and
award dated 5.5.2022 passed by the learned Judge,
Motor Accident Claims Tribunal cum-Additional
District Judge, 7th Court, Paschim Medinipur in
MAC Case No. 198 of 2018/CIS 217 of 2018 under
Section 166 of the Motor Vehicles Act, 1988.
The appeal is preferred within time.
Accordingly, the appeal is formally admitted and
registered.
Call for the lower court records.
Department is directed to take effective steps for
calling for the lower court records.
Upon receipt of the lower court records,
department shall serve notice of arrival upon the
learned advocate for the appellant within one week
of arrival of lower court records.
Upon receipt of notice of arrival, learned advocate
for the appellant shall prepare the requisite number
of informal paper books in printed, type written or
cyclostyled form incorporating all relevant papers,
2
including pleadings, oral and documentary evidence
within four weeks from service of notice of arrival.
One set of such informal paper book be filed in
court and another be served upon the learned
advocate for the respondents.
The appellant-insurance company is further
directed to deposit talabana cost with written up
notice form for service of notice of appeal upon the
respondents.
Re: CAN 1 of 2022.
Mrs. Sucharita Paul, learned advocate for the
appellant-insurance company seeks liberty to
correct the date of impugned judgment and award in
the application for stay. She submits that the date of
judgment and award mentioned in the stay
application should be 5th May, 2022 instead of 25th
March, 2022.
Leave is granted.
Learned advocate for the appellant-insurance
company is directed to correct the date of judgment
and award in the application for stay of operation.
This is an application for stay of operation of the
impugned judgment and award dated 5th May, 2022
passed by the learned Judge, Motor Accident Claims
Tribunal-cum-Additional District Judge, 7th Court,
Paschim Medinipur in MAC Case No. 198 of 2018
under Section 166 of the Motor Vehicles Act, 1988.
By order dated 5th May, 2022 the learned Tribunal
awarded compensation to the tune of Rs. 5,00,000/-
in favour of the claimant-respondent along with
interest from the date of filing of the application till
payment.
Mrs. Sucharita Paul, learned advocate for the
appellant-insurance company submits that the
appellant-insurance company has already deposited
statutory amount of Rs. 25,000/- in terms of Section
173(1) of the Motor Vehicles Act vide O.D.Challan No.
1278 dated 20.7.2022. She files photocopy of the
challan.
She further submits that the appellant-insurance
company is ready and willing to deposit the entire
awarded sum along with interest before the learned
Registrar General, High Court, Calcutta within the
period as would be directed by the Court and she
prays for stay of the impugned judgement and award.
The report of S.R. Section shows that statutory
deposit of Rs. 25,000/- has been made with the
registry vide O.D.Challan No. 1278 dated 20.7.2022.
The photocopy of the challan also shows deposit of
the aforesaid amount.
Accordingly, in view of the readiness and
willingness of the insurance company to deposit the
entire amount of award along with interest less
statutory deposit, there shall be stay of operation of
the impugned judgment and award dated 5th May,
2022 passed in MAC Case No. 198 of 2018 for a
period of four weeks.
The appellant-insurance company is directed to
deposit the entire amount awarded sum along with
interest less statutory deposit before the learned
Registrar General, High Court, Calcutta within a
period of four weeks.
In the event, if the appellant makes deposit
of the aforesaid amount the stay of operation of the
impugned judgment and award shall continue till
the disposal of this application. However, in default
of deposit the aforesaid amount by the insurance
company within the specified period as aforesaid the
order of stay shall automatically stand vacated
without any reference to this Court.
The learned Registrar General, High Court,
Calcutta shall ensure that the aforesaid amount of
money to be deposited by the appellant-insurance
company shall be invested in a short term auto
renewal account of any nationalized bank until
further orders.
The appellant is directed to serve copy of
stay application upon the respondents and file
affidavit of service on the next date fixed.
Let the matter appear on 5th December,
2022.
(Bivas Pattanayak J.)
