National Insurance Co. Ltd vs Mangli Saren & Ors
2023 Latest Caselaw 374 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 13.01.2023
  SL No.12
Court No. 654
       Ali


                          F.M.A.1346 of 2022
                         IA No: CAN/1/2022
                          National Insurance Co. Ltd.
                                    Vs.
                           Mangli Saren & Ors.

                 Mr. Sanjay Paul
                             ...for the appellant-Insurance Co.

                        This appeal is directed against the judgment

                and award dated 13th May 2022 passed by learned

                Additional    District   Judge      cum      Judge,     Motor

                Accident Claims Tribunal, Fast Track, 3rd Court,

                Paschim Medinipur in M.A.C Case no. 473 of 2020

                under Section 166 of the Motor Vehicles Act, 1988.

                        As per report of the Additional Stamp

                Reporter dated 16.11.2022 the appeal is filed within

                the statutory period of limitation.

                        The    appeal    is      formally    admitted    and

                registered.

                        Mr    Sanjay     Paul,     learned    advocate    for

                appellant-insurance company submits that all the

                relevant papers are with him and as such calling for

                of lower court records be dispensed with. In view of

                such submissions calling for of lower court records

                is dispensed with for the time being.

                        Mr Paul, learned advocate for appellant-

                insurance company undertakes to prepare informal

                paperbooks.     Accordingly,       learned    advocate    for
              2




appellant-insurance company is directed to 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.

        Learned advocate for appellant-insurance

company submits for dispensing with service of

notice of appeal upon respondent no.7-owner of the

offending vehicle as he did not contest the claim

application before the learned tribunal. It appears

from the impugned judgment that respondent no.7-

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.7-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

respondents excepting respondent no.7 within two

weeks from date.

Re: CAN 1 of 2022

This is an application for stay of operation of

impugned judgment and award dated 13th May 2022

passed by learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Fast Track,

3rd Court, Paschim Medinipur in M.A.C Case no.

473 of 2020 under Section 166 of the Motor Vehicles

Act, 1988.

By an order dated 13th May 2022 the learned

tribunal granted compensation in favour of the

claimants to the tune of Rs.9,50,400/- alongwith

interest under Section 166 of the Motor Vehicles

Act, 1988.

Mr Sanjay Paul, 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 10.1.2023 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.1991

dated 21.9.2021.

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 nos-

1 to 6 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.)