National Insurance Co. Ltd vs Rebati Saren & Ors
2023 Latest Caselaw 2583 Cal

17.04.2023                    IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                    CIVIL APPELLATE JURISDICTION
 Sl. Nos.568
     sn                                  ,,




                                     F.M.A.T.(MV) 94 of 2023
                                     CAN 1/2023
               ,




                                National Insurance Co. Ltd.
                                              Vs.
                                    Rebati Saren & ors.
               ,,




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


                      As per report of the Additional Stamp Reporter

               there is delay of 249 days in preferring the appeal.

                     Mr. Deb Narayan Ray, learned advocate for the

               appellant-insurance company submits that the appeal is

               preferred within time and there is no such delay.

                     The      impugned   judgement   and    award     under

               challenge has been passed on 23rd November, 2022. The

               appeal has been filed on 2nd February, 2023. As per

               Section 173 of the Motor Vehicles Act, the appeal is to be

               filed within a period of 90 days from the date of the

               award. Thus, it is found that the appeal is filed within the

               statutory period. The report of the Additional Stamp

               Reporter showing delay of 249 days in preferring the

               appeal is ignored since there is ex facie mistake in

               calculation.

                     The appeal is formally admitted and registered.

                     This appeal is preferred against the judgement and

               award dated 23rd November, 2022 passed by the learned
                               2




Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, 3rd Court, Sadar, Paschim Medinipur in

M.A.C. Case No.474 of 2020 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 within a period of two weeks of such arrival.

      Upon receipt of notice of arrival of lower court

records, learned advocate for the appellant-insurance

company 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 respondents.

In Re: CAN 1 of 2023

This is an application for stay of operation of the

judgement and award dated 23rd November, 2022 passed

by the learned Additional District Judge,, Motor Accident

Claims Tribunal, 3rd Court, Sadar, Paschim Medinipur in

M.A.C. Case No.474 of 2020 under Section 166 of the

Motor Vehicles Act.

By an order dated 23rd November, 2022 granted

compensation of Rs.12,40,200/- together with interest in

favour of the claimants under Section 166 of the Motor

Vehicles Act.

Mr. Ray, 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.

The report of the Computer Section, Appellate Side,

High Court, Calcutta dated 15th February, 2023 shows

that no caveat has been lodged.

The office report dated 16th February, 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.3702 dated 3.2.2023.

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.)