Calcutta High Court (Appellete Side)
The National Insurance Co. Ltd vs Smt. Minati Chakraborty & Anr on 28 November, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
28.11.2023
SL No. 14
Court No. 551
Ali
F.M.A.T (MV) 436 of 2023
IA No: CAN/1/2023
The National Insurance Co. Ltd.
Vs.
Smt. Minati Chakraborty & Anr.
Mr. Sanjay Paul,
Ms. Jaita Ghosh
.....for the Appellant/Insurance Co.
The instant appeal is preferred against the
judgment dated 3rd day of May, 2023 passed by
learned Judge, Motor Accident Claims Tribunal,
Alipore, 24-Parganas (South), in MAC Case no. 530
of 2019.
It is reported by the Stamp Reporter that
there are no delay in preferring the instant appeal.
Accordingly, the appeal is formally admitted.
Registered the same.
The appellant/insurance company is
directed to serve notices of appeal upon the
respondents by putting up the filled up notices form
with Talabana cost to the concerned department
within a fortnight.
Call for LCR from the office of the learned
tribunal.
On reaching the LCR the department is to
verify the same, on such verification if it is found to
be complete and in order, a notice of such LCR shall
serve upon the advocate on record for the appellant
within a fortnight. On receiving such notice the
learned advocate for the appellant shall prepare a
requisite number of paper books within eight weeks
thereafter containing pleadings and proofs both oral
and documentary of LCR out of Court.
In Re.:CAN 1 of 2023.
Learned advocate for the appellant submits
that by virtue of the direction of this Court he has
served upon the respondents regarding the copy of
application but the information of service is yet to be
received.
This is an application for stay of the
operation of the impugned award passed by the
learned tribunal. It is the submission of the learned
advocate for the appellant that if an execution
proceeding is initiated the sole purpose of the filing
of the instant appeal would be frustrated. He further
argued that the insurance company initially has
deposited the statutory amount of Rs. 25,000/- with
the Court vide OD Challan No. 1426 OD dated
08.08.2023. The learned advocate for the insurance
company also undertakes to deposit the entire
awarded sum less statutory deposit to this Court for
the purpose of stay of the operation of the impugned
order.
Considering the submission of the learned
advocate and considering the readiness and
willingness of the appellant to proceed with this
matter; there shall be an order of stay of the
operation of the impugned award till 22nd of
December, 2023.
The insurance company is directed to
deposit the entire awarded amount less statutory
deposit within the stipulate date and if such deposit
is made the interim order of stay passed by this
Court shall be continued till the disposal of the
instant appeal.
Learned advocate for the insurance company
is further directed to mention the matter at the first
week of January, 2024.
The amount if deposited by the insurance
company as directed above, the office of the learned
Registrar General, High Court, Calcutta shall invest
the same according to the Rules.
All parties shall act on the server copy of
this order duly downloaded from the official website
of this Court.
(Subhendu Samanta, J.)
