New India Assurance Co. Ltd vs Tapan Kumar Banerjee & Anr
2023 Latest Caselaw 370 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 13.01.2023
  SL No.18
Court No. 654
       Ali


                          F.M.A.T. (MV) 548 of 2022
                           IA No: CAN/1/2022
                          New India Assurance Co. Ltd.
                                  Vs.
                           Tapan Kumar Banerjee & Anr.

                 Mr. Rajesh Singh
                             .....for the appellant-Insurance Co.
                        This appeal is directed against the judgment

                and award dated 22nd August 2022 passed by

                learned Judge, Motor Accident Claims Tribunal,

                Bench-XII, City Civil Court, Calcutta in M.A.C Case

                no. 24 of 2012 under Section 166 of the Motor

                Vehicles Act, 1988.

                        As per report of the Additional Stamp

                Reporter dated 10.1.2023 there has delay of 52 days

                in preferring the appeal. It is found that the award

                has been passed on 22nd August 2022 and the

                appeal has been filed on 16th November 2022. As per

                Section 173 (1) of Motor vehicles Act, 1988 appeal

                has to be preferred within 90 days from date of

                award. Hence it is found that this appeal is filed

                within the statutory period of limitation.

                        Accordingly the appeal is formally admitted

                and registered.

                        Call for the lower court records.
             2




        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 upon learned advocate for the

appellant-insurance company within a period of two

weeks of such arrival of records.

        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, both oral and documentary

evidence in printed, cyclostyled or typewritten form

within a period of four weeks from date of service of

notice of arrival of lower court records.

        Learned advocate for appellant-insurance

submits for dispensing with service of notice of

appeal upon respondent no.2-owner of the offending

vehicle as he did not contest the claim application

before the learned tribunal. It appears from the

impugned judgment that the respondent no.2-owner

of the offending vehicle did not contest the claim

application before the learned tribunal and the case

was disposed of exparte against him. In the

aforesaid backdrop service of notice of appeal upon

respondent no.2-owner of the offending vehicle is

dispensed with.

Appellant-insurance company is directed to

deposit Talabana cost alongwith written up notice

forms for service of notice of appeal upon the

respondent no.1-claimant within two weeks from

date.

Re: CAN 1 of 2022

This is an application for stay of operation of

impugned judgment and award dated 22nd August

2022 passed by learned Judge, Motor Accident

Claims Tribunal, Bench-XII, City Civil Court,

Calcutta in M.A.C Case no. 24 of 2012 under

Section 166 of the Motor Vehicles Act, 1988.

By an order dated 22nd August 2022 the

learned tribunal granted compensation in favour of

the claimant to the tune of Rs.10,00,000/-

alongwith interest under Section 166 of the Motor

Vehicles Act, 1988.

Mr Rajesh Singh, learned advocate for

appellant-insurance company submits that the

insurance company has already deposited the

statutory amount of Rs.25,000/-and is ready and

willing to deposit the entire awarded sum along 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

judgment and award.

As per report of Computer Section, Appellate

Side, High Court, Calcutta dated 8.12.2022 no

caveat has been lodged.

The report of the office shows that an

amount of Rs 25,000/-has been deposited in terms

of Section 173(1) of the Motor Vehicles Act with the

Registry of this Court vide OD challan no.3263

dated 29.12.2022.

In view of the readiness and willingness on

the part of 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 before the learned Registrar

General, High Court, Calcutta within a period of four

weeks.

In the event the appellant-insurance

company makes deposit of the aforesaid amount the

stay shall continue till the disposal of this

application. In default to make deposit of the

aforesaid amount the stay shall stand automatically

vacated without reference 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 respondent no.1-

claimant and file affidavit of service on the next date

fixed.

Let the matter appear on 15.2.2023 under

the heading "Applications".

(Bivas Pattanayak, J.)