Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Aratun Bibi & Ors on 11 November, 2022
11.11.2022
SL No. 15
Court No. 654
Ali
F.M.A.T. (MV) 511 of 2022
IA No: CAN 1/2022
United India Insurance Co. Ltd.
versus
Aratun Bibi & Ors.
Mr. Rajesh Singh
......for the appellant.
This appeal is directed against the judgment
and Award dated 24th June, 2022 passed by the
Learned Judge, Motor Accident Claims Tribunal-
Cum Additional District Judge, Fat Track, 1st Court,
Tamluk, Purba Medinipur in MAC Case No. 69 of
2018 under Section 166 of the Motor Vehicles Act,
1988.
As per report of Stamp Reporter dated
10.11.2022 the appeal is filed within the statutory
period of limitation.
Accordingly the appeal is formally admitted
and registered.
Call for the Lower Court Records.
Department is directed to take effective steps
for bringing the Lower Court Records from the
learned tribunal within a period of two weeks.
Upon receipt of the Lower Court Records the
office shall examine the same and if found complete
and in order, shall serve notice of arrival of Lower
Court Records upon learned advocate for the
appellant.
Learned advocate for the appellant upon
receipt of notice of arrival shall prepare requisite
number of informal paper books printed, typewritten
or cyclostyled incorporating all relevant documents
including oral and documentary evidence within a
2
period of four weeks from date of service of notice of
arrival. One set of such informal paper book be filed
in court. On appearance by the respondents, one set
of such informal paper books be served upon
learned advocate for the respondents.
Appellant is further directed to deposit talabana
cost alongwith written up notice forms for service of
notice of appeal upon the respondents.
CAN 1 of 2022
This is an application for stay of the
impugned Judgment and Award dated 24th June,
2022 passed by the Learned Judge, Motor Accident
Claims Tribunal-Cum Additional District Judge, Fat
Track, 1st Court, Tamluk, Purba Medinipur in MAC
Case No. 69 of 2018 under Section 166 of the Motor
Vehicles Act, 1988.
By order dated 24th June, 2022 the learned
tribunal granted compensation to the tune of
Rs.11,45,200/- alongwith interest from the date of
filing of the application till realization.
Mr. Rajesh Singh, learned advocate for the
appellant-Insurance Company submits that the
appellant-Insurance Company has already deposited
the statutory amount of Rs. 25,000/- in terms of
Section 173(1) of the Motor Vehicles Act and is ready
and willing to deposit the entire awarded sum
alongwith 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 he prays for stay of operation
of impugned judgment and award. He files photo
copy of the Challan.
It is found from the report of Computer
Section, Appellate Side, High Court, Calcutta dated
09.11.2022 that no caveat has been lodged.
The report of the SR Section shows deposit
of Rs 25,000/- vide OD Challan No. 2326 dated
03.11.2022. The photo copy of the Challan filed by
the appellant-Insurance Company also shows
deposit of the aforesaid amount.
In view of the readiness and willingness on
the part of the appellant-Insurance Company to
deposit the entire awarded sum alongwith interest
less statutory deposit there shall be stay of
operation of impugned judgment and award dated
24th June, 2022 for a period of four weeks from date.
The appellant-Insurance Company is directed to
deposit the entire awarded sum alongwith interest
less statutory deposit before the learned Registrar
General, High Court, Calcutta within a period of four
weeks.
In the event, the appellant-Insurance
Company makes deposit of the aforesaid amount, the
stay of operation of the impugned judgment and award
shall continue till the disposal of the application.
However, in default of deposit of the aforesaid amount
by the appellant within the specified period as
aforesaid, the order of stay shall stand automatically
vacated without any reference to this Court.
Learned Registrar General, High Court,
Calcutta, shall ensure that the aforesaid amount to be
deposited by the appellant-Insurance Company be
invested in a short term auto-renewable account of
any nationalized bank until further orders.
Appellant-Insurance Company shall serve
copy of this application upon the respondents and file
affidavit of service on the next date fixed.
Let the matter appear on 12.12.2022.
(Bivas Pattanayak, J.)
