Calcutta High Court (Appellete Side)
Shriram General Insurance Co. Ltd vs Bankim Halder & Ors on 6 October, 2023
06.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 245
ab ,,
FMAT (MV) 461 of 2023
With
CAN 1 of 2023
,
Shriram General Insurance Co. Ltd.
Vs.
Bankim Halder & Ors.
,,
Mr. Sayak Majumder
... for the appellant-insurance company
Re : FMAT (MV) 461 of 2023
This appeal is preferred against the judgment and
award dated 27th April, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track 7th Court, Alipore in MAC
Case No. 27 of 2018 under Section 166 of the Motor
Vehicles Act, 1988.
As per the report of the Additional Stamp Reporter
dated 20th September, 2023, the appeal is preferred
within the statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
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.
2
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.
Learned Advocate for the appellant-Insurance
Company is directed to 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 the date of service of notice of
arrival of lower court records.
The appellant-Insurance Company is directed to
deposit talabana cost together with written up notice
forms for causing service of notice of appeal upon the
respondents.
Re : CAN 1 of 2023 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 27th April, 2023
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track 7th
Court, Alipore in MAC Case No. 27 of 2018 under Section
166 of the Motor Vehicles Act, 1988.
By such order dated, 27th April, 2023, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 12,84,000/- together with interest
under Section 166 of the Motor Vehicles Act.
Mr. Sayak Majumder, 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 17th August, 2023 shows that
no caveat has been lodged.
The office report dated 9th August, 2023 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. 1333 dated 28.07.2023.
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 passed by the learned Tribunal till last week of
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 last week of 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 1st December, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
