Calcutta High Court (Appellete Side)
Bajaj Allianz General Insurance ... vs Saraswati Majhi @ Saraswati ... on 11 October, 2023
12.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No. 269. APPELLATE SIDE
KB ,,
F.M.A. 979 of 2021
with
IA No. CAN 1 of 2019
(Old No. CAN 8841 of 2019)
,
Bajaj Allianz General Insurance Co. Ltd.
Vs.
Saraswati Majhi @ Saraswati Biswas & Ors. & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: F.M.A. 979 of 2021
This appeal is preferred against the judgment and
award dated 5th April, 2019 passed by learned Judge,
Motor Accident Claims Tribunal, 5th Court, Barasat, 24
Parganas (North) in M.A.C. Case No. 77 of 2017 under
Section 166 of the Motor Vehicles Act, 1988.
As per report of Additional Stamp Reporter dated
15th February, 2021, the appeal is filed within the
statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
It is found that the lower court records have already
been called for vide memo no.3903 FMA dated 22nd
October, 2022. However, the lower court records have not
yet been received.
Department concerned is directed to issue reminder
to the learned Tribunal for transmission of the lower
2
court records forthwith 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 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 of lower court records.
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 2019
(Old No. CAN 8841 of 2019).
This is an application for stay of operation of
impugned judgment and award 5th April, 2019 passed by
learned Judge, Motor Accident Claims Tribunal, 5th
Court, Barasat, 24 Parganas (North) in M.A.C. Case No.
77 of 2017 under Section 166 of the Motor Vehicles Act,
1988.
By order dated 5th April, 2019 the learned Tribunal
granted compensation of Rs.5,45,200/- together with
interest in favour of the claimants under Section 166 of
the Motor Vehicles Act, 1988.
Mr. Rajesh Singh, 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 2nd September, 2019, no
caveat has been lodged.
As per the office report dated 11.01.2021 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.551 dated 21.06.2019.
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 of the learned Tribunal till 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 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 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 nationalised bank, until further
orders.
Appellant-insurance company is directed to serve
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.)
