Calcutta High Court (Appellete Side)
The New India Assurance Company ... vs Narayan Chandra Saha & Anr on 14 July, 2023
14.07.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 93
ab ,,
F.M.A.T. (MV) 259 of 2023
CAN 1 of 2023
CAN 2 of 2023
,
The New India Assurance Company Limited
Vs.
Narayan Chandra Saha & Anr.
,,
Mr. Rajesh Singh
... for the appellant-insurance company
Ms. Sima Ghosh
... for the respondent no. 1-claimant
Re: CAN 1 of 2023 (Section 5)
This is an application for condonation of delay in
preferring the present appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that for taking
necessary steps, there has been delay of 5 days in
preferring the appeal. He seeks for condonation of delay of
5 days in preferring the appeal.
Ms. Sima Ghosh, learned advocate for the caveator-
claimant leaves the matter to the discretion of the Court.
As per the report of the Stamp Reporter dated
12.07.2023 that there is delay of 5 days in preferring the
appeal. The cause shown is sufficient to condone such
delay. Accordingly, delay of 5 days in preferring the
appeal stands condoned.
The application for condonation of delay being CAN
1 of 2023 stands disposed of.
Accordingly, the appeal is formally admitted and
registered.
Re : CAN 2 of 2023
This is an application for stay of operation of the
impugned judgment and award dated 23rd February, 2023
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track Court,
Suri, Birbhum in M.A.C. Case No. 120 of 2017 under
Section 166 of the Motor Vehicles Act, 1988.
By such order dated 23rd February, 2023, the
learned Tribunal granted compensation in favour of the
claimants to the tune of Rs. 34,13,602/- together with
interest under Section 166 of the Motor Vehicles Act.
Mr. Rajesh Singh, learned Advocate for the
appellant-Insurance Company submits that the Insurance
Company has already deposited the statutory amount and
is ready and willing to deposit the entire awarded sum
together with interest less statutory deposit before learned
Registrar General, High Court, Calcutta within such time
as would be directed by this Court. He also submits that
the claimant has initiated execution proceeding being
MAC Execution Case No.2 of 2023 before the learned
Tribunal. On such count, he prays for stay of operation of
the impugned judgment and award as well as further
proceeding in the Execution Case No. 2 of 2023 pending
before the learned Tribunal.
The office report dated 19.06.2023 shows deposit of
statutory amount of Rs.25,000/- in terms of Section 173
of the Motor Vehicles Act with the Registry of this Court
vide OD Challan No.590 dated 05.06.2023.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest less statutory amount,
there shall be stay of operation of the impugned judgment
and award passed by the learned Tribunal as well as
further proceeding in execution case No.2 of 2023 pending
before the learned Tribunal for a period of four weeks.
The appellant-Insurance Company is directed to deposit
the entire awarded sum together with interest less
statutory amount 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 order of stay
shall continue till the disposal of this appeal. In default to
make deposit of the aforesaid amount, the order of stay
shall stand automatically vacated without reference to this
Court.
Learned Registrar General of this Court 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.
The application for stay being CAN 2 of 2023
stands disposed of.
Re : F.M.A.T. (MV) 259 of 2023
This appeal is preferred against the impugned
judgment and award dated 23rd February, 2023 passed by
the learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, Fast Track Court, Suri,
Birbhum in M.A.C. Case No. 120 of 2017 under Section
166 of the Motor Vehicles Act, 1988.
Let the lower court records be called for.
Department is directed to take effective steps for
bringing the lower court records from the learned
Tribunal within 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 the lower court
records upon the learned advocate for appellant-Insurance
Company within a period of two weeks of such arrival.
Learned Advocate for the appellant-Insurance
Company is directed to prepare and file requisite numbers
of informal paper books incorporating all relevant papers
and documents including the pleadings and evidence,
both oral and documentary, in printed or typewritten or
cyclostyled form, as the case may be, out of court, within a
period of four weeks from the date of service of notice of
arrival of lower court record.
Mr. Rajesh Singh, learned advocate for the
appellant-Insurance Company submits for dispensing
with service of notice of appeal upon the respondent No.
2, owner of the offending vehicle since he did not contest
the claim application. It is found from the impugned
judgment that the respondent No. 2-owner of the
offending vehicle did not contest the claim application
and the same has been disposed of ex parte against him.
In the aforesaid backdrop, service of notice of appeal
upon the respondent No. 2-owner of the offending vehicle
stands dispensed with.
Since the respondents no. 1-claimant has already
entered appearance, hence service of notice of appeal
upon the said respondent stands dispensed with.
Let the matter appear after four weeks under the
heading "Hearing".
< (Bivas Pattanayak, J.)
