Calcutta High Court (Appellete Side)
United India Ins. Co Ltd vs Maninee Chakraborty & Ors on 11 January, 2023
11.01.2023
sayandeep
Sl. No. 20
Ct. No. 654
FMAT(MV) 534 of 2022
With
IA NO.CAN/1/2022
United India Ins. CO Ltd.
-Versus-
Maninee Chakraborty & Ors.
Mrs. Sucharita Paul
...for the appellant-insurance Co.
This appeal is directed against the Judgment and
award dated 9th September, 2022 passed by learned
Judge, Motor Vehicle Claims Tribunal, Fast Track, 1st
Court, Assansol in MAC Case No. 18/17(2022/2016)
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 limitation.
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
Lower Court records.
2
Upon receipt of notice of arrival, learned advocate
for the appellant-Insurance Company shall prepare and
file requisite number of informal paper books
incorporating all relevant papers and documents
including pleadings 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/1/2022
This is an application for stay of operation of
impugned Judgment and award dated 9th May, 2022
passed by learned Additional District Judge cum Judge
Motor Accident claims Tribunal(in-charge), Fast Track,
1st Court, assansol in MAC case No. 2012/16 under
Section 166 of the Motor Vehicles Act, 1988.
By an order dated 9th September, 2022, the
learned Tribunal granted compensation in favour of the
claimants to the tune of Rs. 1,06,38,922/- along with
interest.
Mrs. Sucharita Paul, 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 50% of the 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 to the extent of its liability.
As per report of the Computer Section, High
Court, Calcutta dated 08.12.2022 no caveat has been
lodged.
The report of the S.R. Section shows deposit of
statutory amount of Rs. 25,000/- with the registry of
this Court vide OD chalan No. 3016 dated 19.12.2022.
In view of the readiness and willingness on the
part of the appellant Insurance Company to deposit its
extent of liability of 50% of the awarded sum along with
interest less statutory deposit, there shall be stay of
operation of impugned Judgment and award to the
extent of liability of appellant-insurance company for a
period of four weeks. Appellant-insurance company is
directed to deposit its extent of liability of 50% of the
awarded sum along 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 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 and file affidavit-of-service
on the next date fixed.
Let the matter appear on 14th February, 2023.
(Bivas Pattanayak, J.)
