The New India Assurance Co. Ltd vs Echmotara Bibi & Ors
2023 Latest Caselaw 3875 Cal

16.06.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
  D/L 120
    ab                                 ,,




                                F.M.A.T.(MV) 244 of 2023
                                      CAN 1 of 2023

              ,




                              The New India Assurance Co. Ltd.
                                           Vs.
                                  Echmotara Bibi & ors.
              ,,




                    Mr. Rajdeep Bhattacharya
                                   ... for the appellant-Insurance Co.


                            Re : F.M.A.T. (MV) 244 of 2023

                    This appeal is preferred against the judgment and

              award dated 20th March, 2023 passed by the learned

              Additional District Judge-cum-Judge, Motor Accident

              Claims Tribunal, Fast Track, 3rd Court, Howrah, in

              M.A.C. Case No. 34 of 2016 under Section 163A of the

              Motor Vehicles Act, 1988.

                    As per report of the Stamp Reporter dated 6th June,

              2023 the appeal is preferred within the statutory period of

              limitation.

                    Accordingly, the appeal is formally admitted and

              registered.

                    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
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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 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.

Re : CAN 1 of 2023

This is an application for stay of operation of the

impugned judgment and award dated 20th March, 2023

passed by the learned Additional District Judge-cum-

Judge, Motor Accident Claims Tribunal, Fast Track. 3rd

Court, Howrah, in M.A.C. Case No. 34 of 2016 under

Section 163A of the Motor Vehicles Act, 1988.

By such order dated 20th March, 2023, the learned

Tribunal granted compensation in favour of the claimants

to the tune of Rs.5,00,000/- together with interest under

Section 163A of the Motor Vehicles Act.

Mr. Rajdeep Bhattacharya, 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. On such count, he

prays for stay of operation of the impugned judgment and

award.

The report of the Computer Section, Appellate Side,

High Court, Calcutta dated 6th June, 2023 shows that no

caveat has been lodged.

The office report dated 19th May, 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.480 dated 16.05.2023.

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 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 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.)