Calcutta High Court (Appellete Side)
Reliance General Insurance ... vs Shahar Ali & Ors on 1 May, 2023
01.05.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.662 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)146 of 2023
(CAN 1 of 2023)
,
Reliance General Insurance Co.Ltd.
Vs.
Shahar Ali & Ors.
,,
Mr. Sanjay Paul
... for the appellant-Insurance Co.
In Re: F.M.A.T.(MV)146 of 2023
This appeal is preferred against the judgement and
award dated 12th December, 2022 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claim Tribunal, 3rd Court, Malda in MAC case no.219 of
2013 under Section 166 of the Motor Vehicles Act, 1988.
The report of the Additional Stamp Reporter dated
24th April, 2023 shows that the name of the opposite
party No.4 has not been mentioned in the cause title of
the Memorandum of Appeal.
Mr. Sanjoy Paul, learned advocate for the appellant-
insurance company indicates that the name of opposite
party No.4 has been struck out by the learned Tribunal. It
appears at page 8 of the impugned order that the name of
opposite party No.4 has been struck out by the learned
Tribunal. Such being the position the defect noted by the
Additional Stamp Reporter in its above report is ignored.
2
As per the aforesaid report of the Additional Stamp
Reporter dated 24th April, 2023, the appeal is preferred
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 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 of the lower court
records upon the learned advocate for appellant/
insurance company within a period of two weeks of such
arrival.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant-insurance
company is directed to prepare requisite number of
informal paper books incorporating all relevant papers
and documents including the pleadings and evidence,
both oral and documentary, in printed or typewritten or
cyclostyled form, as the case may be, out of court, within
a period of four weeks from date.
Learned advocate for the appellant-insurance
company is directed to deposit talabana costs together
with written up notice form for causing service of notice of
appeal upon the respondents.
In Re: CAN 1 of 2023
This is an application for stay of operation of the
judgment and award dated 12th December, 2022 passed
by the learned Additional District Judge-cum-Judge,
Motor Accident Claim Tribunal, 3rd Court, Malda in MAC
case no.219 of 2013 under Section 166 of the Motor
Vehicles Act, 1988.
By an order dated 12.12.2022, the learned Tribunal
granted compensation of Rs.28,26,712/- together with
interest in favour of the claimant under Section 166 of
the Motor Vehicles Act.
Mr. Sanjay Paul, learned advocate for the
appellant-insurance company submits that the Insurance
Company has already deposited the statutory amount
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
judgement and award.
As per report of the Computer Section dated
24.04.2023, no caveat has been lodged.
The office report dated 06.04.2023 shows deposit of
the statutory amount of Rs.25,000/- with the registry of
this Court in terms of Section 173 of the Motor Vehicles
Act vide challan no.4175 dated 20.03.2023.
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 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 nationalized bank, until further
orders.
The appellant-insurance company is directed to serve
a copy of this application upon the respondents and file
affidavit of service on the returnable date.
Let the matter appear on 16th June, 2023 under the
heading "Application".
< (Bivas Pattanayak, J.)
