Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Tanushri @ Tanushree Bag(Bera) & ... on 22 August, 2023
22.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.56 APPELLATE SIDE
KB ,,
F.M.A.T.(MV)299 of 2023
(CAN 1 of 2023) (CAN 2 of 2023)
,
National Insurance Co. Ltd.
Vs.
Tanushri @ Tanushree Bag(Bera) & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Mr. Amit Ranjan Roy
... for the Claimants-Respondents.
In Re: F.M.A.T.(MV)299 of 2023
This appeal is preferred against the judgment and
award dated 30th January, 2023 passed by the learned
Additional District Judge, Fast Track, 1st Court, Tamluk,
Purba Medinipur, in MAC case 4 of 2016 under Section
166 of the Motor Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 18th August, 2023, the appeal is preferred within
the statutory period of limitation. Accordingly, the appeal
is formally admitted and registered.
Mr. Amit Ranjan Roy, learned advocate for the
respondents-claimants submits that all the relevant
papers are with him and as such calling for of lower court
records be dispensed with. He undertakes to file informal
paper books. Mr. Singh, learned advocate for appellant-
insurance company does not raise objection.
Accordingly, calling for of lower court records is
dispensed with for the time being.
Appellant-insurance company is directed to deposit
talabana costs together with written up notice form for
causing service of notice of appeal upon respondent no.5,
owner of the offending vehicle.
Mr. Rajesh Singh, learned advocate for the
insurance company submits for service of notice of appeal
through registered speed post in addition to the above
mode of service.
In view of such submission, appellant-insurance
company is directed to serve notice of appeal through
registered speed post with acknowledgement due also.
Since the respondent nos. 1 to 4-claimants have
entered appearance hence service of notice of appeal
upon the said respondents stand dispensed with.
In Re: CAN 1 of 2023
This is an application for stay of operation of
impugned judgment and award dated 30th January, 2023
passed by the learned Additional District Judge, Fast
Track, 1st Court, Tamluk, Purba Medinipur, in MAC case
4 of 2016 under Section 166 of the Motor Vehicles Act,
1988.
By order dated 30th January, 2023, the learned
Tribunal granted compensation of Rs.47,99,000/-
together with interest in favour of the claimants under
Section 166 of the Motor Vehicles Act, 1988.
Mr. Rajesh 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 period as would be directed by this Court. On
such count, he prays for stay of operation of impugned
judgment and award.
Mr. Amit Ranjan Roy, Learned Advocate, appears
for the respondent nos. 1 to 4-claimants.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 22nd June, 2023 no
caveat has been lodged.
The office report dated 12.06.2023 shows that the
insurance company has deposited statutory amount of
Rs.25,000/- with the registry of this Court in terms of
Section 173 of the Motor Vehicles Act vide OD challan
no.626 dated 06.06.2023.
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 of 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 deposit 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.
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 25th September, 2023
under the heading "Application".
< (Bivas Pattanayak, J.)
