Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Sri Uttam Bag & Ors on 24 March, 2023
24.03.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.265
ss ,,
F.M.A.T.(MV) 121 of 2023
CAN 1 of 2023
,
National Insurance Co. Ltd.
Vs.
Sri Uttam Bag & ors.
,,
Ms. Sucharita Paul
... for the appellant-Insurance Co.
Re : FMAT (MV) 121 of 2023
,,, ,,
This appeal is preferred against the judgment and
award dated 14th December, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track, 1st Court, Howrah in M.A.C.
Case No.294 of 2016 under Section 163A of the Motor
Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 17th March, 2023 the appeal is within the time 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
2
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 appellants-Insurance
Company upon receipt of notice of arrival of lower court
records, 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, printed or typewritten or
cyclostyled, 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 record on the learned Advocate for
the appellant.
The appellant-Insurance Company is directed to
deposit talabana costs together with written up notice
forms 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 14th December,
2022 passed by the learned Additional District Judge-
cum-Judge, Motor Accident Claims Tribunal, Fast Track,
1st Court, Howrah in M.A.C. Case No.294 of 2016 under
Section 163A of the Motor Vehicles Act, 1988.
By such order dated 14th December, 2022, 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.
Ms. Sucharita Paul, learned Advocate for the
appellant-Insurance Company submits that the Insurance
Company has already deposited the statutory amount of
Rs.25,000/- with the learned Registrar General of this
Court and is ready and willing to deposit the entire
awarded sum together with interest less statutory deposit
within such time as would be directed by this Court. In
view of her aforesaid submissions, she prays for stay of
operation of the impugned judgement and award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 3rd March, 2023 shows that no
caveat has been lodged.
The office report dated 17th March, 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.4033 dated 13.03.2023.
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 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 24th April, 2023 under the
heading 'Application'.
< (Bivas Pattanayak, J.)
