Calcutta High Court (Appellete Side)
Icici Lombard General Insurances ... vs Babar Ali Saikh & Ors on 27 February, 2023
27.02.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.51
ss
F.M.A. 1417 of 2022
CAN 1 of 2023
ICICI Lombard General Insurances Co. Ltd.
Versus
Babar Ali Saikh & ors.
Mr. Saswata Bhattacharyya
... for the appellant-Insurance Co.
Re : FMA 1417 of 2022
This appeal is preferred against the judgment and
award dated 17th May, 2022 passed by the learned
Additional District Judge cum Judge, Motor Accident
Claims Tribunal, 3rd Court, Berhampore, Murshidabad, in
M.V. Case No.252 of 2019 under Section 163A of the
Motor Vehicles Act, 1988.
As per report of the Additional Stamp Report dated
5th December, 2022, the appeal is preferred within the
statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
Let the lower court records be called for.
Department is directed to take effective steps for
bringing the lower court records from the learned
Tribunal within two weeks from date.
2
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 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 three sets of informal
paper books incorporating all relevant papers and
documents including the pleadings and evidence, both
oral and documentary, printed or typewritten or
cyclostyled, as the case may be, out of court, within a
period of four weeks from the date of service of notice of
arrival of lower court record on the learned Advocate for
the appellant-insurance company.
The appellant-Insurance Company is directed to
deposit talabana costs together with written up notice
forms for causing service of notice of appeal upon the
respondents.
Re : CAN 1 of 2023
This is an application for stay of operation of the
impugned judgment and award dated 17th May, 2022
passed by the learned Additional District Judge cum
Judge, Motor Accident Claims Tribunal, 3rd Court,
Berhampore, Murshidabad, in M.V. Case No.252 of 2019
under Section 163A of the Motor Vehicles Act, 1988.
By such order dated 17th May, 2022, the learned
Tribunal granted compensation of Rs.3,88,500/- in favour
of the claimants under Section 163A of the Motor Vehicles
Act.
Mr. Saswata Bhattacharyya, learned Advocate for the
appellant-Insurance Company submits that the Insurance
Company has already deposited the statutory amount of
Rs.25,000/- before the Registry of this Court and is ready
and willing to deposit the entire awarded sum together
with interest less statutory deposit within such time as
would be directed by this Court. On such count, he prays
for stay of operation of the impugned judgement and
award.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 27th February, 2023 no
caveat has been lodged.
The report of the office dated 5th November, 2022
shows the deposit of statutory amount of Rs.25,000/-
before the Registry of this Court in terms of Section 173 of
the Motor Vehicles Act vide OD Challan No.2042 dated
23rd September, 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 passed by 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 amount 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.
The appellant-Insurance Company is directed to
serve copy of this application upon the respondents and
file affidavit of service on the returnable date.
Let the matter appear on 27th March, 2023 under
the heading 'Application'.
< (Bivas Pattanayak, J.)
