National Insurance Company ... vs Mina Rani Khatua & Anr
2023 Latest Caselaw 6721 Cal

04.10.2023                  IN THE HIGH COURT AT CALCUTTA
  Ct. no.654                 CIVIL APPELLATE JURISDICTION
  D/L 240
    ab                                 ,,




                                 FMAT (MV) 260 of 2023
                                        With
                                    CAN 1 of 2023
                                        With
                                    CAN 2 of 2023
               ,




                        National Insurance Company Limited
                                        Vs.
                              Mina Rani Khatua & Anr.
               ,,




               Mr. M. P. Chakraborty,
               Ms. Ratnadipa Karmakar
                                ... for the appellant-insurance company


                            Re: CAN 1 of 2023 (Section 5)

                     This is an application for condonation of delay

               under Section 5 of the Limitation Act in preferring the

               present appeal.

                     As per the report of the Additional Stamp Reporter

               dated 15th March, 2023, the appeal is preferred within the

               statutory period of limitation. Thus, the application for

               condonation of delay has become redundant.

                      Accordingly, the application for condonation of

               delay being CAN 1 of 2023 stands dismissed as

               redundant.

                     The appeal is formally admitted and registered.


                             Re : FMAT (MV) 260 of 2023

                     This appeal is preferred against the judgment and

               award dated 22nd November, 2022 passed by the learned

               Additional District Judge-cum-Judge, Motor Accident

               Claims Tribunal, 7th Court, Paschim Medinipur in MAC
                               2




Case No. 351 of 2016 under Section 166 of the Motor

Vehicles Act, 1988.

       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

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 the notice of arrival of lower court

records, learned Advocate for the appellant-insurance

company shall prepare and file 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 of service of notice of

arrival of lower court records.

       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 2 of 2023 (Stay)

This is an application for stay of operation of the

impugned judgment and award dated 22nd November,

2022 passed by the learned Additional District Judge-

cum-Judge, Motor Accident Claims Tribunal, 7th Court,

Paschim Medinipur in MAC Case No. 351 of 2016 under

Section 166 of the Motor Vehicles Act, 1988.

By such order dated 22nd November, 2022, the

learned Tribunal granted compensation in favour of the

claimants to the tune of Rs. 8,90,900/- under Section

166 of the Motor Vehicles Act.

Mr. M. P. Chakraborty, 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 less

statutory deposit before learned Registrar General, High

Court, Calcutta within such time as would be directed by

this Court. On such count, he prays for stay of operation

of the impugned judgment and award. He files photocopy

of chalan No. 4039 dated 13th March, 2023 showing

deposit of statutory amount of Rs. 25,000/-, which is

taken on record.

The report of the Computer Section, Appellate Side,

High Court, Calcutta dated 23rd August, 2023 shows that

no caveat has been lodged.

Photocopy of chalan No. 4039 dated 13th March,

2023 shows deposit of statutory amount of Rs. 25,000/-

with the registry of this Court.

In view of readiness and willingness on the part of

the appellant-Insurance Company to deposit the entire

awarded sum 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 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 copy of this application upon the respondents and

file affidavit of service on the returnable date.

Let the matter appear on 29th November, 2023

under the heading 'Application'.

                     <              (Bivas Pattanayak, J.)