Calcutta High Court (Appellete Side)
National Insurance Company Ltd vs Smt. Rina Das & Ors on 22 August, 2023
22.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 53
ab ,,
FMAT (MV) 497 of 2022
With
CAN 1 of 2023
,
National Insurance Company Ltd.
Vs.
Smt. Rina Das & Ors.
,,
Mr. Guddu Singh
... for the appellant--insurance company
Re : FMAT (MV) 497 of 2022
This appeal is preferred against the judgment and
award dated 30th July, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 7th Court, Barasat in MAC. Case No. 549
of 2015 under Section 166 of the Motor Vehicles Act,
1988.
As per report of the Stamp Reporter dated 12th May,
2023, the appeal is preferred within the statutory period
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.
2
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.
Learned Advocate for the appellant-Insurance
Company is directed to 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.
The appellant-Insurance Company is directed to
deposit talabana costs together with written up notice
form 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 judgment and award dated 30th July, 2022
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, 7th Court,
Barasat in MAC. Case No. 549 of 2015 under Section 166
of the Motor Vehicles Act, 1988.
By such order dated 30th July, 2022, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 7,28,749/- together with interest under
Section 166 of the Motor Vehicles Act.
Mr. Guddu 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 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 judgment and
award. He files photocopy of the challan being No. 1454
dated 10th August, 2023 showing deposit of statutory
amount which is taken on record.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 3rd March, 2023 shows that no
caveat has been lodged.
The photocopy of the challan being No. 1454 dated
10th August, 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.
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 25th September, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
