The Oriental Insurance Co. Ltd vs Aysa Khatoon & Ors
2023 Latest Caselaw 3871 Cal

16.06.2023
(as)
Ct.No.654
101
                                  FMA 148 of 2023
                                      with
                                   CAN 1 of 2023


                           The Oriental Insurance Co. Ltd.
                                       -vs-
                               Aysa Khatoon & Ors.

                                Mr. Sanjay Paul.
                                           ...for the Appellant-
                                          Insurance Company.

                                Mr. Amit Ranjan Roy.
                                          ...for the Respondents-

Claimants Nos.1 & 2.

In Re: FMA 148 of 2023.

The appeal is preferred against the judgement and

award dated 15th July, 2022 passed by learned Judge,

Motor Accident Claims Tribunal, 3rd Court, Tamluk,

Purba Medinipur in MAC Case No.01 of 2017 under

Section 166 of the Motor Vehicles Act, 1988.

As per report of Additional Stamp Reporter dated

28th February, 2023, the appeal is preferred within the

statutory period of limitation.

Accordingly, the appeal is formally admitted and

registered.

Mr. Amit Ranjan Roy, learned Advocate for the

respondents-claimants submits that all the relevant

papers are with him and as such, calling for of lower

court records may be dispensed with. He undertakes to

prepare informal paper books.

Mr. Sanjay Paul, learned Advocate for the appellant-

Insurance Company concurs with such submission.

In the above premises calling for lower court records

is dispensed for the time being.

Learned Advocate for the respondents-claimants is

directed to prepare and file five sets of informal paper

books incorporating all relevant papers and documents

including 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 date.

Mr. Sanjay Paul, learned Advocate appearing for the

appellant-Insurance Company is directed to deposit

Talabana cost together with written up notice form for

causing service of notice of appeal upon respondent Nos.3

and 4.

Since respondent Nos.1 and 2(claimants) have

already entered appearance, service of notice of appeal

upon the said respondents stands dispensed with.

In Re: CAN 2 of 2023

This is an application for stay of operation of the

impugned judgment and award dated 15th July, 2022

passed by learned Judge, Motor Accident Claims

Tribunal, 3rd Court, Tamluk, Purba Medinipur in MAC

Case No.01 of 2017 under Section 166 of the Motor

Vehicles Act, 1988.

By order dated 15th July, 2022, learned Tribunal

granted compensation of Rs.7,44,000/- together with

interest in favour of the claimants.

Mr. Sanjay Paul, learned Advocate for the appellant-

Insurance Company submits that the Insurance

Company has 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 the impugned judgment and

award.

Mr. Amit Ranjan Roy, learned Advocate appears for

the respondents-claimants.

As per report of the Computer Section, Appellate

Side, High Court, Calcutta dated 3rd Mach, 2023, no

Caveat has been lodged.

The office report dated 13th December, 2022 shows

deposit of statutory amount of Rs.25,000/- in terms of

Section 173 of the Motor Vehicles Act before the registry

of this Court vide OD Challan No.2534 dated 21st

November, 2022.

In view of readiness and willingness on the part of

the 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 for a period of four

weeks from date. 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 nationalised bank, until further

orders.

The appellant-Insurance Company is directed to

serve copy of this application upon the respondents and

file affidavit of service on the returnable date.

Let the matter appear on 17th July, 2023 under the

heading 'Application'.

(Bivas Pattanayak, J.)