Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Ajay Kumar Chowhan & Anr on 31 August, 2023
31.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.60 APPELLATE SIDE
sn ,,
F.M.A.T.(MV) 480 of 2023
(CAN 1 of 2023)
,
United India Insurance Co. Ltd.
Vs.
Ajay Kumar Chowhan & Anr.
,,
Mr. Sanjay Paul
Ms. Jaita Ghosh
... for the appellant-Insurance Co.
In Re: F.M.A.T.(MV) 480 of 2023
This appeal is preferred against the judgment and
award dated 10th July, 2023 passed by the learned Judge,
Motor Accident Claims Tribunal, Fast Track, 6th Court,
Alipore, South 24 Parganas in MAC case 948 of 2019
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.
Mr. Sanjay Paul, learned advocate for the appellant-
insurance company submits that all relevant papers are
with him and as such calling for lower court records be
dispensed with for the time being. He undertakes to
prepare informal paper books.
In view of the aforesaid submissions, calling for
lower court records stands dispensed with for the time
being.
2
Learned advocate for the appellant-insurance
company shall prepare and file three sets 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.
Mr. Paul, learned advocate for the appellant-
insurance company submits for dispensing with service of
notice of appeal upon the respondent no.2, owner of the
offending vehicle, since he did not contest the claim
application. It is found from the impugned judgment and
order that the case has been disposed of ex parte against
the respondent no.2, owner of the offending vehicle. In
the aforesaid backdrop, service of notice of appeal upon
the respondent no.2, owner of the offending vehicle,
stands dispensed with.
Appellant-insurance company is directed to deposit
talabana costs together with written up notice form for
causing service of notice of appeal upon the respondent
no.1-claimant.
In Re: CAN 1 of 2023
This is an application for stay of operation of
impugned judgment and award dated 10th July, 2023
passed by the learned Judge, Motor Accident Claims
Tribunal, Fast Track, 6th Court, Alipore, South 24
Parganas in MAC case 948 of 2019 under Section 166 of
the Motor Vehicles Act, 1988.
By an order dated 10th July, 2023, the learned
Tribunal granted compensation of Rs.7,03,240/- together
with interest in favour of the claimant under Section 166
of the Motor Vehicles Act.
Mr. Sanjay 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 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. He files photocopy of the challan
being no.1612 dated 29th August, 2023, which is taken
on record.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 23.08.2023, no caveat
has been lodged.
The photocopy of the challan being no.1612 dated
29th August, 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, 1988.
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 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 4th October, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
