The National Insurance Co. Ltd vs Aklima Bibi & Anr
2022 Latest Caselaw 7859 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 28.11.2022
 SL No.9
Court No. 654
   Ali


                           F.M.A.T. 1101 of 2019
                  IA No: CAN/1/2019 (Old No: CAN/11226/2019)

                        The National Insurance Co. Ltd.
                                  Vs.
                             Aklima Bibi & Anr.


                      Mr. Rajesh Singh
                                             ....for the appellant.
                      Mr. Subhankar Mandal
                               ....for the respondent No 1-claimant.

Re: FMAT 1101 of 2019

This appeal is directed against the judgment

and award dated 31st July 2019 passed by

Additional District Judge cum Judge, Motor

Accident Claims Tribunal, 1st Court, 24-Parganas

(North) in MAC Case no.6 of 2016 under Section 166

of the Motor Vehicles Act, 1988.

As per report of Additional Stamp Reporter

dated 24.9.2020 the appeal is filed within 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 to be

complete and in order shall serve notice of arrival of

lower court records upon learned advocate for the

appellant-insurance company as well as respondent-

claimant within a period of two weeks.

Learned advocate for the respondent-

claimant undertakes to prepare informal paper

books. Accordingly, upon receipt of notice of arrival

of lower court records learned advocate for the

respondent-claimant shall prepare and file 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. One set of such informal paper

books be filed in court and another set be served

upon learned advocate for appellant-insurance

company.

Appellant-insurance company is directed to

deposit talabana cost alongwith written up notice

forms for service of notice of appeal upon the

respondent no.2-owner of the offending vehicle

within a period two weeks.

Re: CAN 1 of 2019 (Old no. CAN 11226 of 2019)

This is an application for stay of operation of

impugned judgment and award dated 31st July 2019

passed by learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, 1st Court,

24-Parganas (North) in MAC Case no.6 of 2016

under Section 166 of the Motor Vehicles Act, 1988.

By an order dated 31st July 2019 the learned

tribunal granted compensation in favour of the

claimant to the tune of Rs.2,87,336/- 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. He files photocopy of challan

being no.1918 dated 11.12.2019.

Mr Subhankar Mandal, learned advocate

appears for respondent no. 1- claimant.

It appears that no caveat has been lodged as

per report of Computer Section, Appellate Side, High

Court, Calcutta dated 25.11.2019.

The photocopy of challan being no.1918

dated 11.12.2019 (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 nationalized bank until further orders.

Appellant-insurance company is directed to

serve copy of this application upon respondent no.2-

owner of the offending vehicle and file affidavit of

service on the next date fixed.

Let the matter appear on 23.12.2022.

Mr Mandal, learned advocate for respondent no.1-

claimant submits that she has filed a cross-

objection being COT 43 of 2020 which needs to

listed.

List COT 43 of 2020 alongwith the appeal.

Department is directed to place COT 43 of

2020 in the case file positively on the next date

fixed.

(Bivas Pattanayak, J.)