National Insurance Co. Ltd vs Arati Kumari & Ors
2022 Latest Caselaw 7857 Cal

28.11.2022
SL No. 6
Ct No. 654
  Sk


                    F.M.A.T. 297 of 2019
             CAN 1 of 2019(Old No. CAN 3792 of 2019),
              CAN 2 of 2019(Old No. CAN 3793 of 2019)

                      National Insurance Co. Ltd.
                                   vs
                          Arati Kumari & Ors.


               Mr. Rajesh Singh
                            ...for the appellant.


             Re: CAN 1 of 2019 (Old no. CAN 3792 of 2019)

                       This is an application for condonation of

             delay.

                       Mr. Rajesh Singh, learned advocate for

             appellant-insurance       company   submits   that   the

             appeal as per report of the Stamp Reporter is filed

             within time and as such the instant application has

             become redundant.

                       It appears from the report of Stamp Reporter

             dated 18.3.2019 that the appeal is filed within the

             statutory period of limitation. Hence the application

             for condonation of delay has become redundant.

                       Accordingly, the application for condonation

             of delay being CAN 1 of 2019 (Old no. CAN 3792 of

             2019) stands dismissed as redundant.

                       This appeal is directed against the judgment

             and award dated 15th November 2018 passed by

             Additional     District   Judge   cum   Judge,   Motor
               2




Accident Claims Tribunal, Islampur, Uttar Dinajpur

in MAC Case no.34 of 2013 under Section 166 of the

Motor Vehicles Act, 1988.

        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 within a period of two weeks.

        Learned       advocate     for     the   appellant-

insurance company upon receipt of notice of arrival

of lower court records shall prepare requisite

numbers of informal paper books incorporating all

relevant papers and documents including pleadings,

both oral and documentary evidence in printed,

cyclostyled or typewritten form within the period of

four weeks from date of service of notice of arrival of

lower court records.

        Appellant-insurance company is directed to

deposit talabana cost alongwith written up notice

forms for service of notice of appeal upon the

respondents within a period two weeks.

Re: CAN 2 of 2019 (Old no. CAN 3793 of 2019)

This is an application for stay of operation of

impugned judgment and award dated 15th November

2018 passed by learned Additional District Judge

cum Judge, Motor Accident Claims Tribunal,

Islampur, Uttar Dinajpur in MAC Case no.34 of

2013 under Section 166 of the Motor Vehicles Act,

1988.

By an order dated 15th November 2018 the

learned tribunal granted compensation in favour of

the claimants to the tune of Rs.3,28,500/- 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. He files photocopy of challan

being no.182 dated 25.4.2019.

It appears that no caveat has been lodged as

per report of Computer Section, Appellate Side, High

Court, Calcutta dated 4.4.2019.

The photocopy of challan being no.182 dated

25.4.2019 (original produced at the time of hearing)

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.

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 respondents and

file affidavit of service on the next date fixed.

Let the matter appear on 23.12.2022.

(Bivas Pattanayak J.)