Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Bindu Karmakar on 31 August, 2023
31.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.56 APPELLATE SIDE
KB ,,
F.M.A. 1373 of 2022
with
IA No. CAN 1 of 2023
,
National Insurance Co. Ltd.
Vs.
Bindu Karmakar
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: F.M.A. 1373 of 2022
This appeal is preferred against the judgment and
award dated 12th July, 2022 passed by Learned Judge,
Motor Accident Claims Tribunal, 1st Court, Purulia, in
MAC case 23 of 2016 under Section 163A of the Motor
Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 24th November, 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.
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.
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: CAN 1 of 2023
This is an application for stay of operation of
impugned judgment and award dated 12th July, 2022
passed by Learned Judge, Motor Accident Claims
Tribunal, 1st Court, Purulia, in MAC case 23 of 2016
under Section 163A of the Motor Vehicles Act, 1988
By order dated 12th July, 2022, the learned
Tribunal granted compensation of Rs.5,00,000/- together
with interest in favour of the claimant under Section
163A 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 31st August, 2023 no
caveat has been lodged.
The office report dated 16th November, 2022 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.2328 dated 03.11.2022.
In view of readiness and willingness on the part of
the appellant-insurance company to deposit the entire
awarded sum together with interest 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 4th October, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
