The New India Assurance Co. Ltd vs Viswanath Dhara @ Biswanath Dhara ...
2023 Latest Caselaw 1797 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
  17.03.2023
   SL No.156
Court No. 654
     Ali


                          F.M.A.T.(MV) 91 of 2023
                           IA No. CAN 1/2023
                        The New India Assurance Co. Ltd.
                                 Vs.
                    Viswanath Dhara @ Biswanath Dhara & Anr.


                  Mr. Parimal Kumar Pahari
                                ......for the appellant-Insurance Co.

                        This   appeal    is   preferred   against   the

                judgment and award dated 1st December, 2022

                passed by learned Additional District Judge cum

                Judge, Motor Accident Claims Tribunal, Fast Track,

                1st Court, Tamluk, Purba Medinipur in M.A.C. Case

                No. 114 of 2019 under Section 166 of the Motor

                Vehicles Act, 1988.

                      As per the report of Additional Stamp Reporter

                dated 23rd 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 three sets 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 2023

This is an application for stay of impugned

judgment and award dated 1st December, 2022

passed by learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Fast Track,

1st Court, Tamluk, Purba Medinipur in M.A.C. Case

No. 114 of 2019 under Section 166 of the Motor

Vehicles Act, 1988.

By order dated 1st December, 2022 the

learned tribunal granted compensation of Rs.

22,52,000/-together with interest in favour of

claimants under Section 166 of the Motor Vehicles

Act, 1988.

Mr Parimal Kumar Pahari, 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.

As per report of Computer Section, Appellate

Side, High Court, Calcutta dated 16th February, 2023

no caveat has been lodged.

The office report dated 22nd 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.3713 dated 6th February, 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.)