Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Nasreen Begam & Ors on 17 April, 2023
17.04.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.587
ss ,,
F.M.A.T.(MV) 476 of 2022
CAN 1 of 2022
,
National Insurance Co. Ltd.
Vs.
Nasreen Begam & ors.
,,
Ms. Sucharita Paul
... for the appellant-Insurance Co.
Re : FMAT (MV) 476 of 2022
,,, ,,
This appeal is preferred against the judgment and
award dated 21st July, 2022 passed by the learned Judge,
Bench IV, City Civil Court, Calcutta in M.A.C. Case
No.342 of 2016 under Section 166 of the Motor Vehicles
Act, 1988.
As per report of the Additional Stamp Reporter
dated 10th April, 2023 the appeal is within the time of
limitation.
Accordingly, the appeal is formally admitted and
registered.
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
2
records upon the learned advocate for appellant-Insurance
Company within a period of two weeks of such arrival.
Learned Advocate for the appellants-Insurance
Company upon receipt of notice of arrival of lower court
records, 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 record on the learned Advocate for
the appellant.
The 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.
Re : CAN 1 of 2022
This is an application for stay of operation of the
impugned the judgment and award dated 21st July, 2022
passed by the learned Judge, Bench IV, City Civil Court,
Calcutta in M.A.C. Case No.342 of 2016 under Section
166 of the Motor Vehicles Act, 1988.
By such order dated 21st July, 2022, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs.3,86,000/- together with interest under
Section 166 of the Motor Vehicles Act.
Ms. Sucharita Paul, learned Advocate for the
appellant-Insurance Company submits that the Insurance
Company has already deposited the statutory amount of
Rs.25,000/- with the learned Registrar General of this
Court and is ready and willing to deposit the entire
awarded sum together with interest less statutory deposit
within such time as would be directed by this Court. On
such count, she prays for stay of operation of the
impugned judgement and award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 21st November, 2022 shows
that no caveat has been lodged.
The office report dated 2nd February, 2023 shows
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.3373 dated 09.01.2023.
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 nationalised 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.)
