The New India Assurance Co. Ltd vs Amit Roy & Anr
2023 Latest Caselaw 1792 Cal

                         IN THE HIGH COURT AT CALUTTA
                            Civil Appellate Jurisdiction
  17.03.2023
   SL No.153
Court No. 654
     Ali


                            F.M.A.T.(MV) 564 of 2022
                             IA No. CAN 1/2022
                           The New India Assurance Co. Ltd.
                                    Vs.
                             Amit Roy & Anr.

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


                         This   appeal    is   preferred    against   the

                judgment and award dated 16th September, 2022

                passed by learned Additional District Judge cum

                Judge, Motor Accident Claims Tribunal, 16th Court,

                Alipore, 24-Parganas (South) in M.A.C. Case No. 04

                of 2006 under Section 166 of the Motor Vehicles Act,

                1988.

                        As per the report of Additional Stamp Reporter

                dated 22nd February, 2023 the appeal is filed within

                the statutory period of limitation.

                        Accordingly, the appeal is formally admitted

                and registered.

                        Call for the lower court records.

                        Department is directed to take effective steps

                for bringing the lower court records from the learned

                tribunal within a period of 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
               2




upon     learned     advocate      for   appellant-insurance

company.

        Upon receipt of notice of arrival, learned

advocate for appellant-insurance company shall

prepare and file requisite number of informal paper

books      incorporating     all    relevant      papers        and

documents including pleadings and evidence, both

oral and documentary, in printed or cyclostyled or

typewritten form within a period of four weeks from

date of service of notice of arrival of lower court

records.

        Appellant-insurance company is directed to

deposit talabana cost together with written up notice

form for causing service of notice of appeal upon

respondents.

CAN 1 of 2022

This is an application for stay of operation of

impugned judgment and award dated 16th

September, 2022 passed by learned Additional

District Judge cum Judge, Motor Accident Claims

Tribunal, 16th Court, Alipore, 24-Parganas (South)

in M.A.C. Case No. 04 of 2006 under Section 166 of

the Motor Vehicles Act, 1988.

By order dated 16th September, 2022, the

learned tribunal granted compensation of Rs.

3,00,000/-together with interest in favour of

claimant under Section 166 of the Motor Vehicles

Act, 1988.

Mr Rajdeep Bhattacharya, learned advocate

for appellant-insurance company submits that the

insurance company has already deposited the

statutory amount of Rs.25,000/-with the Registry of

this Court 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. He files photo copy of challan being No.

3422 dated 13th January, 2023.

As per report of Computer Section, Appellate

Side, High Court, Calcutta dated 30th November, 2022

no caveat has been lodged.

The office report dated 02nd February, 2023

shows deposit of 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.3422 dated 13th January, 2023.

In view of readiness and willingness on the

part of appellant-insurance company to deposit the

entire awarded sum together with interest less

statutory deposit, there shall be stay of operation of

the impugned judgment and award for a period of

four weeks. Appellant-insurance company is

directed to deposit the entire awarded sum together

with interest less statutory deposit 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, 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 the respondents

and file affidavit of service on the returnable date.

Let the matter appear on 17th April, 2023

under the heading "Application".

(Bivas Pattanayak, J.)