Calcutta High Court (Appellete Side)
Reliance General Insurance Co. ... vs Smt. Mina Devi Shaw & Ors on 28 April, 2023
28.04.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.631
ss ,,
F.M.A.T.(MV) 97 of 2023
CAN 1 of 2023
,
Reliance General Insurance Co. Ltd.
Vs.
Smt. Mina Devi Shaw & ors.
,,
Mr. Sanjay Paul
... for the appellant-Insurance Co.
Re : FMAT (MV) 97 of 2023
,,, ,,
This appeal is preferred against the judgment and
award dated 7th December, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track, 5th Court, Alipore, 24-
Parganas (South) in M.A.C. Case No.41 of 2015 under
Section 166 of the Motor Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 21st 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
2
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.
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 2023
This is an application for stay of operation of the
impugned the judgment and award dated 7th December,
2022 passed by the learned Additional District Judge-
cum-Judge, Motor Accident Claims Tribunal, Fast Track,
5th Court, Alipore, 24-Parganas (South) in M.A.C. Case
No.41 of 2015 under Section 166 of the Motor Vehicles
Act, 1988.
By such order dated 7th December, 2022, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs.35,59,798/- together with interest under
Section 166 of the Motor Vehicles Act.
Mr. Sanjay Paul, learned Advocate for the appellant-
Insurance Company submits that the Insurance Company
has already deposited the statutory amount 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, he prays for
stay of operation of the impugned judgement and award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 24th April, 2023 shows that no
caveat has been lodged.
The office report dated 22nd 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.3725 dated 07.02.2023.
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 12th June, 2023 under the
heading 'Application'.
< (Bivas Pattanayak, J.)
