C&Cr vs Anjana Paral & Ors
2023 Latest Caselaw 2190 Cal

31.03.2023
Item No.388
Ct. No. 654
Aloke

                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction

                          F.M.A.T. (MV) 635 of 2022
                                     with
                            IA No. CAN 1 of 2023
                     United India Insurance Company Ltd.
                                        C&CR




                                     Vs.
                             Anjana Paral & Ors.


              Mr. Guddu Singh
                         ... for the appellant-Insurance Company

              Mr. Suvankar Mandal
                         ... for the respondents-claimants

F.M.A.T (MV) 635 of 2022

This appeal is preferred against the

judgment and award dated 30th September,

2022 passed by the learned Judge, Motor

Accident Claim Tribunal, Fast Track Court-II,

Howrah in M.A.C. Case No. 147 of 2021 under

Section 166 of the Motor Vehicles Act, 1988.

As per the report of Stamp Reporter

dated 9th February, 2023 the appeal is filed

within the statutory period of limitation.

Accordingly, the appeal is formally

admitted and registered.

Call for 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 upon learned advocate for

appellant-insurance company as well as learned

advocate for the respondents-claimants within

a period of two weeks from such arrival.

Upon receipt of notice of arrival of

lower court records, 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 evidences,

both oral and documentary, in printed or

cyclostyled or type written form within a period

of four weeks from date 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 respondent no. 5.

Since the respondent nos. 1 to 4 have

already entered appearance, hence, service of

notice of appeal upon the said respondents is

dispensed with.

CAN 1 of 2023

This is an application for stay of

operation of impugned judgment and award

dated 30th September, 2022 passed by the

learned Judge, Motor Accident Claim Tribunal,

Fast Track Court-II, Howrah in M.A.C. Case No.

147 of 2021 under Section 166 of the Motor

Vehicles Act, 1988.

By order dated 30th September, 2022

the learned tribunal granted compensation of

Rs.18,23,600/- together with interest in favour

of the claimants under Section 166 of the Motor

Vehicle Act, 1988.

Mr. Guddu Singh, learned advocate

for the appellant-insurance company submits

the insurance company has already deposited

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

           Mr.       Suvankara     Mandal,     learned

advocate     appears       for    the    respondents-

claimants.

As per the report of the Computer

Section, Appellate Side, High Court, Calcutta

dated 17.01.2023, no caveat has been lodged.

The office report dated 6th February,

2023 shows deposit of statutory amount of

Rs.25,000/- in terms of Section 173 of the

Motor Vehicles Act, 1988 vide OD Challan No.

3680 dated 02.02.2023.

In view of readiness and willingness on

the part of the appellant-insurance company to

deposit the entire awarded sum together with

inters 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 stay shall continue till the disposal

of this application. In default to make deposit of

the aforesaid amount, the stay shall stand

automatically vacated without referring 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

order.

Appellant-insurance company is

directed to serve copy of the application upon

the respondents and file affidavit-of-service on

the returnable date.

Let the matter appear on 1st May,

2023 under the heading "Applications"

(Bivas Pattanayak, J.)