Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Sourav Dey Chowdhury & Ors on 4 January, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
04.01.2023
SL No.14
Court No. 654
Ali
F.M.A. 450 of 2022
IA No: CAN/1/2022, CAN/2/2022
National Insurance Co. Ltd.
Vs.
Sourav Dey Chowdhury & Ors.
Mr. Sanjay Paul
......for the appellant-Insurance Co.
Mr. Sayantan Rakshit
......for the respondents-claimants.
Re: CAN 2 of 2022
This is an application for stay of impugned
judgment and award dated 10th January, 2022
passed by Additional District Judge cum Judge
Motor Accident Claims Tribunal, Fast Track, 1st
Court, Paschim Medinipur, in M.A.C. Case no. 367
of 2019 under Section 166 of the Motor Vehicles Act,
1988.
By an order dated 10th January, 2022 the
learned tribunal granted compensation in favour of
the claimants to the tune of Rs.11,50,000/-
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. Moreover he submits
that out of inadvertence a further sum of Rs.
25,000/- has been deposited with the Registry of
this court which should also be taken into account
while issuing direction upon the Insurance
Company to deposit the awarded sum. On such
count he prays for stay of operation of impugned
judgment and award. He files photocopy of challans
being no.2577 dated 28.03.2022 under
F.M.A.T.(M.V.) No. 125 of 2022 and challan No. 392
dated 10.05.2022 under F.M.A. No. 450 of 2022.
Mr Sayantan Rakshit, learned advocate
appears for respondents (claimants).
As per report of SR Section, Appellate Side,
High Court, Calcutta statutory amount of Rs.
25,000/- has been deposited with the Registry of
this court vide OD Challan No. 2577 dated
28.03.2022 under FMAT (MV) No. 125 of 2022 in
terms of Section 173(1) of the Motor Vehicles Act.
The photo copy of the challan also shows deposit of
the aforesaid amount. Further the photo copy of
challan being No.392 dated 10.05.2022 (under
F.M.A. No. 450 of 2022) shows deposit of further
amount of Rs. 25,000/- under F.M.A. 450 of 2022.
Thus the Insurance Company has deposited a total
sum of Rs. 50,000/-.
In view of the readiness and willingness on
the part of appellant-insurance company to deposit
the entire awarded sum together with interest less
deposit of Rs. 50,000/-, there shall be stay of
operation of impugned judgment and award for a
period of four weeks from date. Appellant-insurance
company is directed to deposit the entire awarded
sum together with interest less deposit of
Rs50,000/- 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 of operation of impugned judgment and award
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 nationalized bank until further orders.
Appellant Insurance Company is directed to
serve copy of this application upon respondent No.
3-owner of the offending vehicle and file affidavit of
service on the next date fixed.
Let the matter appear on the date fixed
under the heading "Application".
FMA 450 of 2022
This appeal is directed against judgment and
award dated 10th January, 2022 passed by
Additional District Judge cum Judge Motor Accident
Claims Tribunal, Fast Track, 1st Court, Paschim
Medinipur, in M.A.C. Case no. 367 of 2019 under
Section 166 of the Motor Vehicles Act, 1988.
As per report of Additional Stamp Reporter
dated 05.04.2022 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 and documents are with him and as
such calling for of lower court records be dispensed
with and he also undertakes to prepare and file
informal paper books. In view of the above, calling
for of lower court records is dispensed with for the
time being.
Learned advocate for 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. One set of such informal
paper book be filed in court and another set be
served upon learned advocate for respondents-
claimants.
Appellant Insurance Company is directed to
deposit talabana cost alongwith written up notice
forms for service of notice of appeal upon
respondent No. 3-owner of the offending vehicle.
Since respondent nos.1 and 2 (claimants)
have already entered appearance hence service of
notice of appeal upon respondents-claimants is
dispensed with.
Let the matter appear on 6th February, 2023.
(Bivas Pattanayak, J.)
