National Insurance Co. Ltd vs Kaustav Biswas & Anr
2023 Latest Caselaw 7748 Cal

Calcutta High Court (Appellete Side)

National Insurance Co. Ltd vs Kaustav Biswas & Anr on 13 December, 2023

13.12. 2023
 item No.7
n.b.
ct. no. 551           FMAT(MV) 686 of 2023
     with
     IA No. CAN 1 of 2023


                        National Insurance Co. Ltd.
                                  Vs.
                        Kaustav Biswas & Anr.


              Mr. Sanjay Paul,
              Ms. J. Ghosh,
                          ... for the appellant.


                    The instant appeal has been preferred against the

              Judgment and award dated July 31, 2023 passed by the

              learned Judge, Motor Accident Claims Tribunal , Alipore,

              24 Parganas(South) in Motor Accident Claim Case No.9 of

              2016. The insurance company has preferred this appeal

              against the award.

                    The report of the stamp reporter suggests that the

              instant appeal has preferred in time.        Accordingly, the

              instant appeal is formally admitted.

                    Register the same.

                    Call for the LCR from the office of the learned

              Tribunal. After receiving such LCR, the department shall

              verify it. On verification, if it is found to be in order and

              complete, a notice of LCR shall be served upon the learned

              advocate on record of the appellant.     On receiving such

              notice, the learned advocate for the appellant shall

              prepare    requisite   number   of   paper   book   including
                               2




pleading and proof both oral and documentary of LCR out

of court and filed the same within six weeks thereafter.

      The appellant is also directed to serve notice of

appeal to the respondent by putting up Talabana cost

along with filled up notices form with the department. On

such deposit, the department shall ensure service of

notice of appeal within fortnight.

In re. CAN 1 of 2023

This is application for stay of operation of the

impugned award dated 31.7.2023. The learned advocate

for the appellant submits that at the time of filing of

instant appeal, the insurance company has deposited the

statutory deposit vide OD Challan no.2234 dated

18.10.2023 amounting to Rs.25,000/-. The insurance

company is also ascertained that if the necessary direction

be made, the Insurance Company shall deposit the entire

awarded sum less the statutory deposit.

Considering the submission of the learned advocate

for the Insurance Company and on considering the

readiness and willingness on behalf of the Insurance

Company there shall be an order of stay of the impugned

order on 31.7.2023 till January 17, 2024.

The Insurance Company is directed to deposit the

entire awarded sum less statutory deposit within the

period. If such deposit is made, the interim order passed

by this Court shall be extended till the disposal of the

instant application, failing which the interim order of stay

shall be vacated automatically. After such deposit is

made, the office of the learned Registrar General, High

Court, Calcutta shall invest the same according to the

prelevant rules.

The appellant is directed to serve copy of the

application upon the respondents and file affidavit of

service on the returnable date.

List the matter on January 22, 2024 under the

heading "Application".

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)