Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Sankari Prasad Ray & Anr on 30 August, 2023
30.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.53 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)499 of 2023
(CAN 1 of 2023)
,
National Insurance Co. Ltd.
Vs.
Sankari Prasad Ray & Anr.
,,
Ms. Sucharita Paul
... for the appellant-Insurance Co.
In Re: F.M.A.T.(MV)499 of 2023
This appeal is preferred against the judgment and
award dated 13th June, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 14th Court, Alipore, 24 Parganas(South)
in MAC case 14 of 2011 under Section 166 of the Motor
Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 28th August, 2023, 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.
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
2
records upon the learned advocate for appellants-
claimants 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.
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.
In Re: CAN 1 of 2023
This is an application for stay of operation of the
judgment and award dated 13th June, 2023 passed by the
learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, 14th Court, Alipore, 24
Parganas(South) in MAC case 14 of 2011 under Section
166 of the Motor Vehicles Act, 1988.
By an order dated 13th June, 2023, the learned
Tribunal granted compensation of Rs3,33,525/- together
with interest in favour of the claimant under Section 166
of the Motor Vehicles Act, 1988.
Ms. Sucharita Paul, 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 less statutory
deposit before the learned Registrar General, High Court,
Calcutta within such period as would be directed by this
Court.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 10.08.2023, no caveat
has been lodged.
The office report dated 24.08.2023 shows that the
insurance company has deposited the 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.1551 dated 21.08.2023.
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 of filing of the claim application till payment 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 @
6% per annum from the date of filing of the claim
application till payment 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
a copy of this 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.)
