Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Smt. Saraswati Mondal & Anr on 9 October, 2023
09.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.249 APPELLATE SIDE
KB ,,
F.M.A.T.(MV)416 of 2023
with
IA No. CAN 1 of 2023
National Insurance Co. Ltd.
Vs.
Smt. Saraswati Mondal & Anr.
,,
Mr. Sanjay Paul
... for the appellant-Insurance Co.
Mr. Suvankar Mondal
... for the respondents-claimants.
In Re: F.M.A.T.(MV)416 of 2023
This appeal is preferred against the judgment and
award dated 6th April, 2023 passed by the learned
Additional District Judge cum Judge, Motor Accident
Claims Tribunal-in-Charge, Fast Track, 1st Court,
Paschim Bardhaman in MAC case 03 of 2017 (Old No.
MAC Case No.67 of 2015) under Section 166 of the Motor
Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 21st August, 2023, the appeal is preferred within
the statutory period of limitation. Accordingly, the appeal
is formally admitted and registered.
Mr. Sanjay Paul, learned advocate for the
appellant-insurance company submits that all the
relevant papers are with him and as such calling for of
lower court records be dispensed with. He undertakes to
file informal paper books.
Mr. Subhankar Mondal, learned advocate
appearing for the respondent no.1-claimant concedes to
the aforesaid submissions advanced on behalf of the
appellant-insurance company.
Accordingly, calling for of lower court records is
dispensed with for the time being.
Learned advocate for the appellant-insurance
company is directed to prepare and file three sets 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.
Mr. Sanjay Paul, learned advocate for appellant-
insurance company further submits for dispensing with
the service of notice of appeal upon the respondent no.2-
owner of the offending vehicle, since he did not contest
the claim application. It is found from the impugned
judgment that the case has been disposed of ex parte
against the respondent no.2, owner of the offending
vehicle. In the aforesaid backdrop, service of notice of
appeal upon the respondent no.2, owner of the offending
vehicle, stands dispensed with.
Since the respondent no.1-claimant has entered
appearance, hence service of notice of appeal upon the
said respondent no.1-claimant also stand dispensed with.
In Re: CAN 1 of 2023
This is an application for stay of operation of
impugned judgment and award dated 6th April, 2023
passed by the learned Additional District Judge cum
Judge, Motor Accident Claims Tribunal-in-Charge, Fast
Track, 1st Court, Paschim Bardhaman in MAC case 03 of
2017 (Old No. MAC Case No.67 of 2015) under Section
166 of the Motor Vehicles Act, 1988.
By order dated 6th April, 2023, the learned
Tribunal granted compensation of Rs.38,43,502/-
together with interest in favour of the claimant under
Section 166 of the Motor Vehicles Act, 1988.
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
judgment and award.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 26th July, 2023 no
caveat has been lodged.
The office report dated 17.08.2023 shows that the
insurance company has deposited statutory amount of
Rs.25,000/- with the registry of this Court in terms of
Section 173 of the Motor Vehicles Act vide OD challan
no.1471 dated 11.08.2023.
In view of readiness and willingness on the part of
the appellant-insurance company is directed to deposit
the entire awarded sum together with interest less
statutory amount, there shall be stay of operation of the
impugned judgment and award of the learned Tribunal for
a period upto second week of December, 2023. The
appellant-insurance company is directed to deposit the
entire awarded sum together with interest less statutory
deposit before the learned Registrar General, High Court,
Calcutta within a second week of December, 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 appeal. 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 nationalised bank, until further
orders.
With the aforesaid observation the application being
CAN 1 of 2023 stands disposed of.
Let the matter appear on 15th December, 2023 under
the heading "Hearing".
< (Bivas Pattanayak, J.)
