Calcutta High Court (Appellete Side)
National Insurance Company ... vs Mallika Patra Digar & Ors on 24 August, 2023
24.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 52
ab ,,
FMA 161 of 2023
With
CAN 1 of 2023
,
National Insurance Company Limited
Vs.
Mallika Patra Digar & Ors.
,,
Mr. Rajesh Singh
... for the appellant-insurance company
Re : FMA 161 of 2023
This appeal is preferred against the judgment and
award dated 28th July, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track, 1st Court, Paschim
Medinipur in MAC Case No. 199 of 2021 under Section
166 of the Motor Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 28th February, 2022, 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.
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 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 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 28th July, 2022
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track, 1st
Court, Paschim Medinipur in MAC Case No. 199 of 2021
under Section 166 of the Motor Vehicles Act, 1988.
By such order dated 28th July, 2022, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 9,19,000/- 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 @ 6% per annum from the date
filing of the claim application 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 3rd March, 2023 shows that no
caveat has been lodged.
The office report dated 13th December, 2022 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.2567 dated 23.11.2022.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest @ 6% per annum from
the date filing of the claim application 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 @ 6% per annum from the date filing of the
claim application 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.)
