The New India Assurance Co. Ltd vs Smt. Madhuri Banerjee & Ors
2022 Latest Caselaw 7685 Cal

                       IN THE HIGH COURT AT CALUTTA
                          Civil Appellate Jurisdiction
 21.11.2022
 SL No.16
Court No. 654
   Ali


                          F.M.A. 1041 of 2021
                  IA No: CAN/1/2018 (Old No: CAN/9949/2018)
                         CAN/2/2022.
                     The New India Assurance Co. Ltd.
                                 Vs.
                     Smt. Madhuri Banerjee & Ors.


                    Mr. Rajesh Singh
                             ......for the appellant-Insurance Co.

                    Mr. Krishanu Banik
                    Mr. Apurba Ghosh
                      ...for the respondent Nos. 1 to 3 (claimants).

This appeal is directed against the judgment

and award dated 11th October 2018 passed by

learned Additional District Judge cum Judge, Motor

Accident Claims Tribunal, 2nd Court, Asansol, in

MAC Case no.123 of 2008 under Section 166 of the

Motor Vehicles Act, 1988.

As per report dated 19.12.2018 of Additional

Stamp Reporter the appeal is filed within time.

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 to be

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 of lower court records

shall prepare and file three sets 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. One set of such informal paper books be

filed in court and another set of informal paper

books be also served upon learned advocate for

respondents-claimants.

Appellant is further directed to deposit

Talabana cost along with written up notice forms for

service of notice of appeal upon the respondent

no.4-owner of the offending vehicle.

As respondent no.1 to 3 has already entered

appearance hence service of notice of appeal upon

the said respondents is dispensed with.

CAN 1 of 2018 ( Old no. CAN 9949 of 2018)

This is an application for stay of operation of

impugned judgment and award dated 11 October

2018 passed by learned Additional District Judge

cum Judge, Motor Accident Claims Tribunal, 2nd

Court, Asansol in MAC Case no.123 of 2008 under

Section 166 of the Motor Vehicles Act, 1988.

By an order dated 11th October 2018 the

learned tribunal granted compensation in favour of

the claimants to the tune of Rs.57,84,258/-

alongwith interest under Section 166 of the Motor

Vehicles Act, 1988.

Mr Rajesh Singh, 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 he prays for stay of operation of impugned

judgment and award.

Mr Krishanu Banik, learned advocate

appears for respondent nos. 1 to 3 (claimants).

The report of the 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.2161

dated 14.12.2018.

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 four

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 the period of

four 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.

Appellant-insurance company is directed to

serve copy of this application upon respondent no.4-

owner of the offending vehicle and file affidavit of

service on the next date fixed.

Let the matter appear on 21.12.2022.

Mr Banik alongwith Mr Apurba Ghosh

learned advocates for respondents-claimants

submits that they have filed application for

withdrawal of amount to be deposited by the

insurance company being CAN 2 of 2022. It is

further submitted that cross-objection being COT 17

of 2021 is also filed by the respondents-claimants.

List CAN 2 of 2022 as well as COT 17 of

2021 alongwith this appeal.

Department is directed to place CAN 2 of

2022 in the case file positively on the next date

fixed.

(Bivas Pattanayak, J.)