Calcutta High Court (Appellete Side)
United India Insurance Company ... vs Nurjan Bibi & Ors on 28 August, 2023
28.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.43 & 44 APPELLATE SIDE
KB/SN ,,
F.M.A. 405 of 2022
with
IA No. CAN 1 of 2019
(Old No. CAN 12740 of 2019)
,
United India Insurance Company Limited
Vs.
Nurjan Bibi & Ors.
with
COT 3 of 2022
Nurjan Bibi & Anr.
Vs.
United India Insurance Company Limited & Anr.
,,
Mr. Parimal Kumar Pahari
... For the appellant-Insurance Co.
Mr. Jayanta Kumar Mandal
... For the respondents-claimants &
Cross Objector in COT 3 of 2022.
In Re: F.M.A. 405 of 2022
This appeal is preferred against the judgement and
award dated 31st August, 2019 passed by learned Judge,
Motor Accident Claims Tribunal, 2nd Court, Contai, Purba
Medinipur in M.A.C. Case No. 06 of 2012 under Section
163A of the Motor Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 19th August, 2021, the appeal is preferred within
the statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
It is found that the lower court records have already
been called for vide Memo No. 1666 dated 14th June,
2022 and reminder has also been issued vide Memo No.
538 dated 9th February, 2023. Accordingly, if in the
meantime the lower court records is received and upon
examination found to be complete and in order, the
department concerned shall tag the lower court records in
the case file.
Mr. Jayanta Kumar Mandal, learned advocate for
the respondents-claimants undertakes to prepare
informal paper books.
Accordingly, learned advocate for the respondents-
claimants is directed to prepare and file three sets of
Informal Paper Books incorporating all relevant papers
and documents including 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.
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.3,
owner of the offending vehicle.
Since respondent nos. 1 and 2 (claimants) have
already entered appearance, hence service of notice of
appeal upon the said respondent is dispensed with.
In Re: CAN 1 of 2019
(Old CAN No.12740 of 2019)
This is an application for stay of operation of
impugned judgment and award dated 31st August, 2019
passed by learned Judge, Motor Accident Claims
Tribunal, 2nd Court, Contai, Purba Medinipur in M.A.C.
Case No. 06 of 2012 under Section 163A of the Motor
Vehicles Act, 1988.
By order dated 31st August, 2019, the learned
Tribunal granted compensation of Rs.3,41,100/- together
with interest in favour of the claimants under Section
163A of the Motor Vehicles Act, 1988.
Mr. Parimal Kumar Pahari, 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. Jayanta Kumar Mandal, Learned Advocate,
appears for the respondents-claimants.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 24th December, 2019 no
caveat has been lodged.
The office report dated 11.03.2021 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.1966 dated 13.12.2019.
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.
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.
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 29th September, 2023
under the heading "Application".
(Bivas Pattanayak J.)
