Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Anjana Muchi & Ors on 17 April, 2023
17.04.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.567
sn ,,
F.M.A.T.(MV) 81 of 2023
CAN 1/2023, CAN 2/2023
,
National Insurance Co. Ltd.
Vs.
Anjana Muchi & ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Mr.Amit Ranjan Roy
..for the respondents/claimants
In Re: CAN 1 of 2023
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that there is delay
of 70 days in preferring the appeal and he seeks
condonation of such delay.
Mr. Amit Ranjan Roy, learned advocate appears for
the respondent nos. 1 to 4(claimants).
It is relevant to note that the award has been
passed ex parte against the opposite party no. 5, owner of
the offending vehicle.
It is found from the report of the Additional Stamp
Reporter dated 12th April, 2023 that there is delay of 70
days in preferring the appeal.
It is contended in the application for condonation of
delay that for taking necessary legal opinion, there has
been delay in preferring the appeal. The cause is
sufficient to condone such delay. Accordingly, delay of 70
days in preferring the appeal stands condoned.
The application being CAN 1 of 2023 stands
disposed of.
Accordingly, the appeal is formally admitted and
registered.
In Re: F.M.A.T.(MV) 81 of 2023
This appeal is preferred against the judgment and
award dated 31st August, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 2nd Court, Asansol, Paschim
Bardhaman in M.A.C. Case No.97 of 2016 under Section
166 of the Motor Vehicles Act.
Let the lower court records be called for.
Department is directed to take effective steps for
bringing the lower court records from the learned
Tribunal within 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 the lower court
records upon the learned advocate for appellant/
insurance company as well as learned advocate for
respondent within a period of two weeks of such arrival.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant/claimant shall
prepare and file requisite numbers of informal paper
books incorporating all relevant papers and documents
including the pleadings and evidence, both oral and
documentary, in printed or typewritten or cyclostyled
form, as the case may be, out of court, within a period of
four weeks from the date of service of notice of arrival of
lower court records.
Appellant-insurance company is directed to deposit
talabana costs together with written up notice forms for
causing service of notice of appeal upon the respondent
no.5, owner of the offending vehicle.
Since the respondent nos.1 to 4 (claimants) have
already entered appearance, hence, service of notice of
appeal upon the said respondents is dispensed with.
As per report of the Additional Stamp Reporter
dated 4th April, 2023 the preamble of the Memorandum of
Appeal is bereft the Hon'ble Judge of the learned
Tribunal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company seeks liberty to make
necessary corrections at page 2 of the Memorandum of
Appeal for incorporating the name of the learned Judge of
the Tribunal.
Liberty is granted.
Learned Advocate for the appellant-insurance
company is directed to incorporate the name of the
learned judge of the Tribunal at page 2 of the
Memorandum of Appeal.
In Re: CAN 2 of 2023
This is an application for stay of operation of the
judgement and award dated 31st August, 2022 passed by
the learned Additional District Judge,, Motor Accident
Claims Tribunal, 2nd Court Judge-cum-Judge, Asansol,
Paschim Bardhaman in M.A.C. Case No.97 of 2016
granting compensation of Rs.37,96,400/- in favour of the
claimants together with interest under Section 166 of the
Motor Vehicles Act.
Mr. Singh, learned Advocate for the appellant-
Insurance Company submits that the Insurance Company
has already deposited the statutory amount 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 time
as would be directed by this Court. On such count, he
prays for stay of operation of the impugned judgement and
award.
Mr. Amit Ranjan Roy, learned advocate appears for
the respondent nos. 1-4(claimants). He seeks for
expeditious hearing of the appeal.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 3rd March, 2023 shows that
no caveat has been lodged.
The office report dated 4th April, 2023 shows the
deposit of statutory amount of Rs.25,000/- in terms of
Section 173 of the Motor Vehicles Act with the Registry of
this Court vide OD Challan No.3649 dated 31.01.2023.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest less statutory amount,
there shall be stay of operation of the impugned judgment
and award passed by the learned Tribunal for a period of
four weeks. The appellant-Insurance Company is directed
to deposit the entire awarded sum together with interest
less statutory amount before the learned 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 order of stay
shall continue till the disposal of this application. In
default to make deposit of the aforesaid amount, the order
of stay shall stand automatically vacated without
reference to this Court.
Learned Registrar General of this Court 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.
The appellant-Insurance Company is directed to
serve copy of this application upon the respondents and
file affidavit of service on the returnable date.
Let the matter appear on 19th May, 2023 under the
heading 'Application'.
< (Bivas Pattanayak, J.)
