Calcutta High Court (Appellete Side)
National Insurance Co.Ltd vs Bina Das & Ors on 19 July, 2023
19.07.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.198 APPELLATE SIDE
KB ,,
F.M.A.187 of 2023
with
IA No. CAN 1 of 2023
with
IA No.CAN 2 of 2023
National Insurance Co.Ltd.
Vs.
Bina Das & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: CAN 1 of 2023
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that the appeal is
within the statutory period of limitation and as such the
application for condonation of delay has become
redundant.
As per the Report of Additional Stamp Reporter
dated 15th March, 2023, the appeal is preferred within the
statutory period of limitation.
Accordingly, the application for condonation of
delay in preferring the appeal is dismissed as redundant.
IA No. CAN 1 of 2023 stands disposed of.
Accordingly, the appeal is formally admitted and
registered.
2
In Re: F.M.A. 187 of 2023
This appeal is preferred against the judgment and
award dated 29th August, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 3rd Court, South 24 Parganas, Alipore
in MAC case 78 of 2016 under Section 166 of the Motor
Vehicles Act, 1988.
Call for the lower court records.
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.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant-insurance
company shall 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
3
a period of four weeks from date of service of notice of
arrival of lower court records.
The appellant-insurance company is directed to
deposit talabana costs together with written up notice
form for causing service of notice of appeal upon the
respondents.
In Re: CAN 2 of 2023
This is an application for stay of operation of the
judgment and award dated 29th August, 2022 passed by
the Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 3rd Court, South 24 Parganas, Alipore in
MAC case 78 of 2016 under Section 166 of the Motor
Vehicles Act, 1988.
By an order dated 29th August, 2022, the learned
Tribunal granted compensation of Rs.4,74,500/- together
with interest in favour of the claimants under Section 166
of the Motor Vehicles Act, 1988.
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
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 and further proceedings in MACC
Ex. 108 of 2022 pending before the learned Tribunal. He
files photocopy of order no. 4 dated 01.07.2023 passed by
learned Tribunal in MACC Ex. 108 of 2022 which is taken
on record.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 02.03.2023, no caveat
has been lodged.
The office report dated 03.03.2023 shows that the
insurance company has deposited the statutory amount
of Rs.25,000/- with the registry of this Court in terms of
Section 173 of the Motor Vehicles Act vide OD challan
no.3922 dated 27.02.2023.
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 of the learned Tribunal and further
proceedings in MACC Ex. 108 of 2022 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 application. 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 nationalized bank, until further
orders.
The appellant-insurance company is directed to serve
a copy of this application upon the respondents and file
affidavit of service on the returnable date.
Let the matter appear on 21st August, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
