Calcutta High Court (Appellete Side)
Hdfc Ergo General Insurance Co. ... vs Smt. Ratna Saha & Ors on 29 November, 2022
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
29.11.2022
SL No.15
Court No. 654
Ali
F.M.A.T. 507 of 2020
IA No: CAN/1/2020
HDFC ERGO General Insurance Co. Ltd.
Vs.
Smt. Ratna Saha & Ors.
Mr. Rajesh Singh
....for the appellant-Insurance Co.
Mr. Subhankar Mandal
.... For the respondents-claimants.
This appeal is directed against the judgment
and award dated 9th October 2020 passed by
Additional District Judge cum Judge, Motor
Accident Claims Tribunal, Fast Track, 4th Court,
Barrackpore, 24-Parganas (North) in MAC Case
no.420 of 2018 under Section 166 of the Motor
Vehicles Act, 1988.
As per report of Stamp Reporter dated
4.3.2021 the appeal is filed within the statutory
period of limitation.
Accordingly, the appeal is formally admitted
and registered.
Call for the lower court records.
Mr. Subhankar Mandal, learned advocate for
respondents-claimants submits that the claimants
are willing to bear the Special Messenger's cost for
bringing the lower court records so that the appeal
can be heard expeditiously.
Accordingly, respondents-claimants are
directed to deposit Special Messenger's cost within
one week from date for bringing 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 learned
advocate for respondents-claimants within a period
of two weeks.
Learned advocate for respondents-claimants
undertakes to prepare informal paper books.
Accordingly, learned advocate for the respondents-
claimants is directed to 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 3-owner of the offending vehicle within a
period two weeks.
Re: CAN 1 of 2020
This is an application for stay of operation of
impugned judgment and award dated 9th October
2020 passed by learned Additional District Judge
cum Judge, Motor Accident Claims Tribunal, Fast
Track, 4th Court, Barrackpore, 24-Parganas (North)
in MAC Case no.420 of 2018 under Section 166 of
the Motor Vehicles Act, 1988.
By an order dated 9th October 2020 the
learned tribunal granted compensation in favour of
the claimants to the tune of Rs.6,76,351/- 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.3168 dated 3.12.2020.
Mr Subhankar Mandal, learned advocate
appears for respondents-claimants.
It appears that no caveat has been lodged as
per report of Computer Section, Appellate Side, High
Court, Calcutta dated 21.12.2020.
Report of 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.3168
dated 3.12.2020. The photocopy of Challan also
shows deposit of the aforesaid amount.
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.3-
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 submits that
respondents-claimants have filed cross-objection
being COT 25 of 2021 which needs to be listed.
List Cot 25 of 2021 positively on the next
date fixed.
Department is directed to place COT 25 of
2021 in case file.
(Bivas Pattanayak, J.)
