Calcutta High Court (Appellete Side)
Bajaj Allianz General Insurance ... vs Madhuri Das & Anr on 10 October, 2023
10.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.452 APPELLATE SIDE
sn ,,
F.M.A.505 of 2023
(CAN 1 of 2023)
,
Bajaj Allianz General Insurance Co.Ltd.
Vs.
Madhuri Das & Anr.
,,
Mr. Soumalya Ganguli
... for the appellant-Insurance Co.
In Re: F.M.A.505 of 2023
This appeal is preferred against the judgment and
award dated 14th February, 2023 passed by the learned
Judge, Motor Accident Claims Tribunal, 3rd Court,
Bankura (In-charge) in MAC case no. 8 of 2017 under
Section 166 of the Motor Vehicles Act, 1988.
As per report of the Stamp Reporter dated 13th
June, 2023, the appeal is preferred within the statutory
period of limitation.
Accordingly, the appeal is formally admitted and
registered.
Call for the lower court records.
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-
2
insurance company within a period of two weeks of such
arrival.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant-insurance
company shall prepare and file requisite numbers 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.
Appellant-insurance company is directed to deposit
talabana costs together with written up notice form for
causing service of notice of appeal upon the respondents.
In Re: CAN 1 of 2023
This is an application for stay of operation of the
judgment and award dated 14th February, 2023 passed
by the learned Judge, Motor Accident Claims Tribunal,
3rd Court, Bankura (In-charge) in MAC case no. 8 of 2017
under Section 166 of the Motor Vehicles Act, 1988 as well
as further proceeding in MACC Execution case no. 08 of
2023, pending before the learned Tribunal.
By an order dated 14th February, 2023, the learned
Tribunal granted compensation of Rs.85,25,000/-
together with interest in favour of the claimants under
Section 166 of the Motor Vehicles Act.
Mr. Soumalya Ganguli, 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 time as would be directed by this Court. He
further submits that the claimants have filed MACC
Execution Case no. 8 of 2023 pending before the learned
Tribunal. On such count, he prays for stay of operation of
impugned judgement and award as well as further
proceeding in MACC Execution Case no.8 of 2023.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 06.10.2023, no caveat
has been lodged.
The office report dated 6th June, 2023 shows
deposit statutory amount of Rs.25,000/- with the registry
of this Court in terms of Section 173 of the Motor
Vehicles Act vide challan no.603 dated 01.06.2023.
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 deposit,
there shall be stay of operation of the impugned judgment
and award passed by the learned Tribunal as well as
further proceedings in MACC Execution Case no.8 of 2023
pending before the learned Tribunal till 2nd 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 2nd 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 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.
Appellant-Insurance Company is directed to serve a
copy of the application upon the respondents and file
affidavit of service on the returnable date.
Let the matter appear on 11th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
