Calcutta High Court (Appellete Side)
Bajaj Allianz General Insurance ... vs Kalyani Raul & Ors on 30 August, 2023
30.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.50 APPELLATE SIDE
KB ,,
F.M.A. 4 of 2023
with
IA No. CAN 1 of 2019
(Old No. CAN 8838 of 2019)
,
Bajaj Allianz General Insurance Co. Ltd.
Vs.
Kalyani Raul & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: F.M.A. 4 of 2023
This appeal is preferred against the judgment and
award dated 6th December, 2018 passed by the learned
Additional District Judge cum Judge, Motor Accident
Claims Tribunal, 6th Court, Paschim Medinipur, in MAC
case 73 of 2014 under Section 166 of the Motor Vehicles
Act, 1988.
As per report of the Stamp Reporter dated 11th
February, 2022, the appeal is preferred within the
statutory period of limitation. Accordingly, the appeal is
formally admitted and registered.
Call for the lower court records.
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.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant-insurance
company shall 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 date of service of notice of
arrival of lower court records.
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.
In Re: IA No. CAN 1 of 2019
(Old No. CAN 8838 of 2019)
This is an application for stay of operation of
impugned judgment and award dated 6th December, 2018
passed by the learned Additional District Judge cum
Judge, Motor Accident Claims Tribunal, 6th Court,
Paschim Medinipur, in MAC case 73 of 2014 under
Section 166 of the Motor Vehicles Act, 1988.
By order dated 6th December, 2018 the learned
Tribunal granted compensation of Rs.8,26,000/- 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.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 2nd September, 2019 no
caveat has been lodged.
The office report dated 15th January, 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.453 dated 14.06.2019.
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 3rd October, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
