National Insurance Co. Ltd vs Madhumita Guchhait & Ors
2023 Latest Caselaw 1414 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 24.02.2023
  SL No.45
Court No. 654
     Ali


                          F.M.A. 1378 of 2022
                        IA No:CAN/1/2023

                           National Insurance Co. Ltd.
                                   Vs.
                          Madhumita Guchhait & Ors.


                        Mr. Rajesh Singh
                             ....for the appellant-Insurance Co.


                        This   appeal   is   preferred   against   the

                judgment and award dated 27 June 2022 passed by

                learned Additional District Judge cum Judge, Motor

                Accident Claims Tribunal, Fast Track, 2nd Court,

                Tamluk, Purba Medinipur in MAC Case no. 123 of

                2020 under Section 166 of the Motor Vehicles Act,

                1988.

                     As per the report of Additional Stamp Reporter

                dated 24 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 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.

    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

forms for causing service of notice of appeal upon

respondents.

CAN 1 of 2023

This is an application for stay of operation of

impugned judgment and award dated 27 June 2022

passed by learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Fast Track,

2nd Court, Tamluk, Purba Medinipur in MAC Case

no. 123 of 2020 under Section 166 of the Motor

Vehicles Act, 1988.

By order dated 27 June 2022, the learned

tribunal granted compensation of Rs. 16,01,200/-

together with interest in favour of claimants.

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.

As per report of the Computer Section,

Appellate Side, High Court, Calcutta dated 23

February 2023 no caveat has been lodged.

The office report dated 16 November 2022

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.2331 dated 3 November 2022.

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 nationalised bank until further orders.

Appellant-insurance company is directed to

serve copy of this application upon respondents and

file affidavit of service on the returnable date.

Let the matter appear on 27 March 2023 under

the heading "Application".

(Bivas Pattanayak, J.)