Cholamandalam Ms General ... vs Santoshi Baichar & Ors
2023 Latest Caselaw 327 Cal

11.01.2023
sayandeep
Sl. No. 18
Ct. No. 654
                              FMAT(MV) 420 of 2022
                                      With
                               IA NO.CAN/1/2023

                    Cholamandalam MS General Insurance Co. Ltd.

                                      -Versus-

                                Santoshi Baichar & Ors.


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

                    This appeal is directed against the Judgment and

              award dated 20th May, 2022 passed by learned Judge,

              Motor Vehicle Claims Tribunal, Fast Track, 2nd Court,

              Tamluk, Purba Medinipur in MAC Case No. 30 of 2018

              under Section 166 of the Motor Vehicles Act, 1988.

                    As per report of Additional Stamp Reporter dated

              10.1.2023, the appeal is filed within the statutory

              period of imitation.

                    Accordingly the appeal is formally admitted and

              registered.

                    Call for 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 of
                                  2




Lower Court records upon learned advocate for the

appellant-claimant within a period of two weeks.

        Upon receipt of notice of arrival, learned advocate

for    the    appellant-claimant       shall    prepare       and   file

requisite number of informal paper books incorporating

all relevant papers and documents including pleadings

and evidence, both oral and documentary, in printed or

cyclostyled or typed written form within a period of four

weeks from the date of service of notice of arrival of

Lower Court records.

        The appellant-insurance Company is also directed

to deposit Talabana cost along with                 written of notice

form    for    service   of   notice     of    appeal      upon     the

respondents.

In Re: CAN 1 of 2023

This is an application for stay of operation of

impugned Judgment and award dated 20th May, 2022

passed by learned Additional District Judge cum Judge

Motor Accident claims Tribunal, Fast Track, 2nd Court,

Tamluk, Purba Medinipur in MAC case No. 30 of 2018.

By an order dated 20th May,2022, the learned

Tribunal granted compensation in favour of the

claimants to the tune of Rs. 8,32,600/- along with

interest.

Mr Rajesh Singh, learned advocate for appellant-

Insurance Company submits that the Insurance

Company has already deposited an amount of Rs.

25,000/- towards statutory deposit with the registry of

this Court and is ready and willing to deposit the entire

awarded sum together with interest less statutory

deposit within such period as would be directed by this

Court. On such count she prays for stay of operation

the impugned Judgment and award.

As per report of the Computer Section, high

Court, Calcutta dated 06.01.2023 no caveat has been

lodged.

The report of the office shows deposit of statutory

amount of Rs. 25,000/- in terms of Section 173 of the

Motor Vehicles Act, 1988 with the Registry of this Court

vide OD chalan No. 3019 dated 19.12.2022.

In view of the readiness and willingness on the

part of the appellant Insurance Company to deposit the

entire awarded sum along with interest less statutory

deposit, there shall be stay of operation of impugned

Judgment and award for a period of four weeks.

Appellant insurance Company is directed to deposit the

entire awarded sum along with interest less statutory

deposit 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 the 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 auto

renewal scheme of any nationalized Bank until further

orders.

Appellant-insurance Company is directed to serve

copy of this application upon respondents and file

affidavit-of-service on the next date fixed.

Let the matter appear on 13th February, 2023

under the heading " Applications"

(Bivas Pattanayak, J.)