Calcutta High Court (Appellete Side)
Royal Sundaram Alliance ... vs Mrinmay Mahata & Anr on 24 August, 2023
24.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 53
ab ,,
FMA 516 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023
,
Royal Sundaram Alliance Insurance Company Limited
Vs.
Mrinmay Mahata & Anr.
,,
Mr. Rajesh Singh
... for the appellant-insurance company
Re: CAN 2 of 2023 (Section 5)
This is an application for condonation of delay
under Section 5 of the Limitation Act in preferring the
present appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that the appeal is
filed within the statutory period of limitation and as such,
the application for condonation of delay has become
redundant. He submits for passing necessary order.
As per the report of the Stamp Reporter dated 7th
June, 2023, the appeal is preferred within the statutory
period of limitation.
Accordingly, the appeal is formally admitted and
registered.
The application for condonation of delay being CAN
2 of 2023 is dismissed as redundant.
2
Re : FMA 516 of 2023
This appeal is preferred against the judgment and
award dated 8th December, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track 3rd Court, Sadar, Paschim
Medinipur in MAC Case No. 106 of 2017 under Section
166 of the Motor Vehicles Act, 1988.
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 the notice of arrival of lower court
records, learned Advocate for the appellant-insurance
company shall prepare and file requisite number 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 date.
3
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 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 8th December, 2022
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track 3rd
Court, Sadar, Paschim Medinipur in MAC Case No. 106 of
2017 under Section 166 of the Motor Vehicles Act, 1988.
By such order dated 8th December, 2022, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 9,28,000/- together with interest under
Section 166 of the Motor Vehicles Act.
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 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.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 17th August, 2023 shows that
no caveat has been lodged.
The office report dated 6th April, 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.4193 dated 21.03.2023.
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 27th September, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
