National Insurance Company ... vs Maya Rani Ghatak & Ors
2023 Latest Caselaw 2251 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 03.04.2023
  SL No. 428
Court No. 654
    ssd


                            F.M.A.T (MV) 600 of 2022
                            IA No:CAN/1/2023

                   National Insurance Company Limited
                                  Vs.
                         Maya Rani Ghatak & Ors.


                 Mr. Deb Narayan Ray
                                ...for the appellant-Insurance Co.

                 Mr. Shuvankar Mandal
                                ...for the respondent-claimants.

F.M.A.T (MV) 600 of 2022

This appeal is preferred against the

judgment and award dated 21st September, 2022

passed by learned Additional District Judge-cum-

Judge, Motor Accident Claims Tribunal, Fast Track,

3rd Court, Paschim Medinipur (Sadar) in M.A.C.

Case No. 345 of 2020 under Section 166 of the

Motor Vehicles Act, 1988.

As per the report of the Additional Stamp

Reporter dated 20th January, 2023 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 from date.

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

appellant-insurance company as well as learned

advocate for respondent-claimants within a period of

two weeks from such arrival.

Upon receipt of notice of arrival of lower court

records, learned advocate for appellant-insurance

company shall prepare and file four copies of

informal paper books incorporating all relevant

papers and documents including pleadings and

evidence, both oral and documentary, in printed or

cyclostyled or typewritten form within a period of

four weeks from date of service of notice of arrival of

lower court records.

Since respondent nos.1, 2 and 3 (claimants)

being entered appearance, hence service of notice of

appeal upon the said respondents are dispensed

with.

Appellant-insurance company is directed to

deposit talabana cost together with written up notice

form for causing service of notice of appeal upon

respondent no.4 owner of the offending vehicle.

CAN 1 of 2023

This is an application for stay of operation of

impugned judgment and award 21st September,

2022 passed by learned Additional District Judge-

cum-Judge, Motor Accident Claims Tribunal, Fast

Track, 3rd Court, Paschim Medinipur (Sadar) in

M.A.C. Case No. 345 of 2020 under Section 166 of

the Motor Vehicles Act, 1988.

By order dated 21st September, 2022 the

learned tribunal granted compensation of

Rs.11,73,000/- in favour of the claimants together

with interest under Section 166 of the Motor

Vehicles Act, 1988.

Mr. Deb Narayan Ray, 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 together

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. Shuvankar Mandal, learned advocate

appears for respondent nos.1, 2 and 3 (claimants).

As per the report of the Computer Section,

Appellate Side, High Court, Calcutta dated 3rd

February, 2023, no caveat has been lodged.

The office report dated 13th January, 2023

shows deposit of statutory amount of Rs.25,000/- in

terms of Section 173 of the Motor Vehicles Act, 1988

with the Registry of this Court vide OD Challan No.

2964 dated 16th December, 2022.

In view of readiness and willingness on the

part of appellant-insurance company to deposit the

entire compensation amount as directed by the

learned Tribunal together with interest less

statutory deposit, there shall be stay of operation of

the impugned judgment and award for a period of

four weeks. Appellant-insurance company is

directed to deposit the entire awarded sum together

with interest less statutory deposit before the

Registrar General, High Court, Calcutta within a

period of four weeks from date.

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 to 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 the application upon the respondents

and file affidavit of service on the returnable date.

Let the matter appear on 8th May, 2023

under the heading "Applications".

(Bivas Pattanayak, J.)