Calcutta High Court (Appellete Side)
The Oriental Insurance Company ... vs Sutapa Ghosh Mondal & Ors on 5 October, 2023
05.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 238
ab ,,
FMA 1038 of 2022
With
CAN 1 of 2023
,
The Oriental Insurance Company Limited
Vs.
Sutapa Ghosh Mondal & Ors.
,,
Mr. Saswata Bhattacharya
... for the appellant-insurance company
Re : FMA 1038 of 2022
This appeal is preferred against the judgment and
award dated 22nd January, 2020 passed by the learned
Judge, Motor Accident Claims Tribunal, Fast Track 1st
Court, Howrah in MAC Case No. 221 of 2017 under
Section 166 of the Motor Vehicles Act, 1988.
As per the report of the Additional Stamp Reporter
dated 3rd August, 2022, the appeal is preferred within the
statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
It is found from the office report dated 20th
January, 2023 that the lower court records have already
been called for vide memo No. 4684 dated 21st December,
2022.
Department concerned is directed to issue reminder
to the learned Tribunal for transmission of the lower
2
court records at the earliest 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 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.
It is found from the order dated 3rd October, 2023 of
learned Registrar Administration (L&OM) that talabana
cost together with written up notice forms have already
been filed by the appellant-insurance company.
Re : CAN 1 of 2023 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 22nd January, 2020
passed by the learned Judge, Motor Accident Claims
Tribunal, Fast Track 1st Court, Howrah in MAC Case No.
3
221 of 2017 under Section 166 of the Motor Vehicles Act,
1988.
By such order dated, 22nd January, 2022, the
learned Tribunal granted compensation in favour of the
claimant No. 2 to the tune of Rs. 9,20,235/- together with
interest under Section 166 of the Motor Vehicles Act.
Mr. Saswata Bhattacharya, 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 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.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 27th September, 2023 shows
that no caveat has been lodged.
The office report dated 31st May, 2021 shows deposit
of statutory amount of Rs. 25,000/- in terms of Section
173 of the Motor Vehicles Act with the Registry of this
Court vide OD Challan No. 3860 dated 15.03.2021.
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
4
and award passed by the learned Tribunal till 24th
November, 2023. The appellant-Insurance Company is
directed to deposit the entire awarded sum less statutory
amount before the learned Registrar General, High Court,
Calcutta within 24th November, 2023.
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 30th November, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
