United India Ins. Co Ltd vs Bishakha Sau & Ors
2023 Latest Caselaw 332 Cal

11.01.2023
sayandeep
Sl. No. 19
Ct. No. 654
                              FMAT(MV) 464 of 2022
                                      With
                               IA NO.CAN/1/2022

                              United India Ins. CO Ltd.

                                       -Versus-

                                Bishakha Sau & Ors.


                    Mrs. Sucharita Paul
                                       ...for the appellant-ins. Co.
                    Mr. Rajdeep Bhattacharya,
                                        ..........for claimants

                    This appeal is directed against the Judgment and

              award dated 29th June, 2022 passed by learned Judge,

              Motor Vehicle Claims Tribunal, , 4th    Court, Paschim

              Medinipur in MAC Case No. 287 of 2020 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.

                    Mr. Rajdeep Bhattacharya, learned advocate for

              claimants-(caveator) submits that his client is ready to

              bear the Special Messenger's cost for bringing Lower
                                      2




Court    Records        from        the     Tribunal.         Accordingly,

respondents-claimants are directed to deposit Special

Messenger's cost within a period of one week 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 upon learned advocate for the

appellant-insurance company as well as learned

advocate for respondents-claimants within a period of

two weeks.

Mr. Bhattacharya, learned advocate for the

respondents-claimants undertakes to prepare informal

paper books. Accordingly, learned advocate for

respondents-claimants is directed to prpepare and file

requisite numbers 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.

Learned advocate for appellant-Insurance

Company submits for dispensing with service of notice

of appeal upon respondent No. 5-owner of the offending

vehicle since he did not contest the claim application. It

appears from the impugned Judgment that respondent

No. 5 -owner of the offending vehicle did not contest the

claim case and it was dispose do ex parte against him.

Accordingly service of notice of appeal upon respondent

No. 5-owner of the offending vehicle is dispensed with

Since respondent Nos. 1 to 4 claimants(caveator)

has already entered appearance hence service of notice

of appeal upon the respondents also stands dispensed

with.

In Re: CAN/1/2022

This is an application for stay of operation of

impugned Judgment and award dated 29th June, 2022

passed by learned Additional District Judge cum Judge

Motor Accident claims Tribunal, , 4th Court, Paschim

Medinipur in MAC case No. 287 of 2020.

By an order dated 29th June, 2022, the learned

Tribunal granted compensation in favour of the

claimants to the tune of Rs. 22,54,500/- 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 entire awarded sum together with interest

less statutory deposit within such period as would be

directed by this Court. She further submits that the

claimants have also initiated execution proceedings. On

such count she prays for stay of operation the

impugned Judgment and award.

Mr. Rajdeep Bhattacharya, learned advocate for

claimants caveator opposes such prayer for stay.

As per report of the S.R. Section, there has been

deposited of statutory amount of R. 25,000/- with the

registry of this Court vide OD chalan No. 2365 dated

7.11.2022.

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 appeal. 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 short term

auto renewal scheme of any nationalized Bank until

further orders.

The application being CAN 1 of 2022 stands

disposed of.

Let the matter appear on 14th February, 2023.

(Bivas Pattanayak, J.)