United India Insurance Co. Ltd vs Kohinoor Bibi @ Kohinur Bibi & Anr
2023 Latest Caselaw 1175 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 13.02.2023
  SL No.19
Court No. 654
    Ali


                          F.M.A. 755 of 2021
                         IA No.CAN/1/2022

                        United India Insurance Co. Ltd.
                                   Vs.
                        Kohinoor Bibi @ Kohinur Bibi & Anr.

                  Mr Parimal Kumar Pahari
                             ....for the appellant-Insurance Co.


                        FMAT 307 of 2020

                        This      appeal   is   preferred   against   the

                judgement and award dated 9 January 2020 passed

                by learned Additional District Judge cum Judge,

                Motor Accident Claims Tribunal, Baruipur, 24-

                Parganas (South) in M.A.C Case no.29 of 2015

                Section 163A of the Motor Vehicles Act, 1988.

                        As per the report of an Additional Stamp

                Reporter dated 5 July 2021, 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 a period of three weeks from

                date.

                        Upon receipt of the lower court records, the

                office shall examine the same and if found to be
             2




complete and in order shall serve notice of arrival

upon    learned    advocate   for     appellant-insurance

company.

         Learned advocate for appellant-insurance

company upon receipt of notice of arrival of lower

court   records    shall   prepare    and   file   requisite

numbers of informal paper books incorporating all

relevant papers and documents including pleadings

and evidence, both oral and documentary, in printed

or cyclostyle or typewritten form 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 Cost together with written up

notice forms for causing service of notice of appeal

upon the respondents.

CAN 1 of 2022

This is an application for stay of operation

of impugned judgment and award dated 9 January

2020 passed by learned Additional District Judge

cum Judge, Motor Accident Claims Tribunal,

Baruipur, 24-Parganas (South) in M.A.C Case no.29

of 2015 Section 163A of the Motor Vehicles Act,

1988.

By order dated 9 January 2020 the learning

tribunal granted compensation of Rs.6,10,532/-

together with interest in favour of the claimants

under Section 163A of the Motor Vehicles Act,1988.

Mr Parimal Kumar Pahari, learned advocate

for appellant-insurance company submits that the

insurance company has already deposited statutory

amount of Rs.25,000/-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 the report of the Computer Section,

Appellate Side, High Court, Calcutta dated 30

August 2022, no caveat has been lodged.

The report of the office shows deposit of

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. 3099 dated

13.10.2020.

In view of readiness and willingness on the

part of appellant-insurance company to deposit the

entire awarded sum together with interest less

statutory deposit, there shall be stay of operation of

the impugned judgment and award for a period of

four weeks. Appellant-insurance company is

directed to deposit the entire awarded sum together

with interest less statutory deposit before the

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

stay shall continue till the disposal of this

application. In default to make deposit of the

aforesaid amount, the stay shall stand automatically

vacated without reference to this Court.

Learned Registrar General, High Court,

Calcutta 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 14th March 2023

under the heading "Applications".

(Bivas Pattanayak, J.)