Limited vs Kehabali Bibi & Ors
2023 Latest Caselaw 2192 Cal

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 31.03.2023
  SL No. 394
Court No. 654
    ssd


                            F.M.A.T (MV) 104 of 2023
                            IA No:CAN/1/2023

                       HDFC Ergo General Insurance Company
                                                   Limited
                                  Vs.
                           Kehabali Bibi & Ors.

                 Mr. Rajesh Singh
                                 ...for the appellant-Insurance Co.


                          F.M.A.T (MV) 104 of 2023

                        This   appeal   is   preferred    against   the

                judgment and award dated 7th January, 2023

                passed by learned Additional District Judge-cum-

                Judge, Motor Accident Claims Tribunal, Katwa in

                M.A.C. Case No. 31 of 2017 under Section 166 of

                the Motor Vehicles Act, 1988.

                      As per the report of Stamp Reporter dated 17th

                March, 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
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upon       learned   advocate   for   appellant-insurance

company 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 four copies 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 operation of

impugned judgment and award dated 7th January,

2023 passed by learned Additional District Judge-

cum-Judge, Motor Accident Claims Tribunal, Katwa

in M.A.C. Case No. 31 of 2017 under Section 166 of

the Motor Vehicles Act, 1988.

By order dated 7th January, 2023, the

learned tribunal granted compensation of

Rs.12,12,400/- in favour of the claimants together

with interest under Section 166 of the Motor

Vehicles Act, 1988.

Mr. Rajesh Singh, learned advocate for

appellant-insurance company submits that 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.

As per the report of the Computer Section,

Appellate Side, High Court, Calcutta dated

14.03.2023, 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, 1988

vide OD Challan No. 3756 dated 10.02.2023.

In view of readiness and willingness on the

part of appellant-insurance company to deposit the

entire compensation amount as directed by the

learned Tribunal 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

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 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 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.)