National Insurance Company Ltd vs Parmeswar @ Amit Chakraborty & Anr
2023 Latest Caselaw 1372 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 23.02.2023
  SL No.33
Court No. 654
    Ali


                          F.M.A.T. (MV) 100 of 2023
                          IA No.:CAN/1/2023
                       National Insurance Company Ltd.
                                    Vs.
                      Parmeswar @ Amit Chakraborty & Anr.

                 Mr Rajesh Singh
                            ...... for appellant-insurance company.

                 Mr Amit Ranjan Roy
                                             ...for caveator.

                        This   appeal   is     preferred   against   the

                judgment and award dated 23rd          November, 2022

                passed by learned Additional District Judge cum

                Judge, Motor Accident Claims Tribunal, 4th Court,

                Paschim Medinipur in MAC Case no. 220 of 2017

                Section 166 of the Motor Vehicles Act, 1988.

                      As per the report of an Additional Stamp

                Reporter dated 17th February, 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 a period of 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
             2




upon    learned    advocate   for    appellant-insurance

company as well as learned advocate for caveator-

respondent no.1-claimant.

Upon receipt of notice of arrival, learned

advocate for appellant-insurance company shall

prepare and file three sets of informal paper books

incorporating all relevant papers and documents

including pleadings and evidence, both oral and

documentary, in printed or cyclostyled 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

form for causing service of notice of appeal upon

respondent no.2-owner of the offending vehicle.

Mr Amit Ranjan Roy, learned advocate

appears for caveator.

Department is directed to tag the caveat being

no.550 of 2023 with the case file.

Since respondent no.1-claimant (caveator) is

already represented, hence service of notice of

appeal upon the said respondent is dispensed with.

CAN 1 of 2023

This is an application for stay of operation of

impugned judgment and award dated 23 November

2022 passed by learned Additional District Judge

cum Judge, Motor Accident Claims Tribunal, 4th

Court, Paschim Medinipur in MAC Case no. 220 of

2017 Section 166 of the Motor Vehicles Act, 1988.

By order dated 23rd November, 2022, the

learned tribunal granted compensation of Rs.

6,31,387/-together with interest in favour of

claimant.

Mr Rajesh Singh, learned advocate for

appellant-insurance company submits that the

insurance company has already deposited the

statutory amount of Rs.25,000/-with the Registry of

this Court in terms of section 173 of the Motor

Vehicles Act 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 judgement

and award.

Mr Amit Ranjan Roy, learned advocate

appears for caveator-respondent no.1-claimant.

The office report dated 17 February 2023

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.3728 dated 7 February 2023.

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

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, 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 nationalized bank until further orders.

Appellant-insurance company is directed to

serve copy of this application upon respondent no.2-

owner of the offending vehicle and file affidavit of

service on the returnable date.

Let the matter appear on 24th March, 2023

under the heading "Application".

(Bivas Pattanayak, J.)