Cholamandalam Ms General ... vs Suili Sarkar Mandal & Ors
2023 Latest Caselaw 7056 Cal

12.10.2023                   IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                   CIVIL APPELLATE JURISDICTION
 Sl. Nos.231                            APPELLATE SIDE
     sn                                 ,,




                                    F.M.A.T.(MV) 563 of 2023
                                       (CAN 1 of 2023)
               ,




                       Cholamandalam MS General Insurance Co.Ltd.
                                          Vs.
                                 Suili Sarkar Mandal & Ors.
               ,,




                     Mr. Soumalya Ganguli
                     Ms. Sudarshana Dutta
                                ... for the appellant-Insurance Co.


                             In Re: F.M.A.T(MV)563 of 2023

                      This appeal is preferred against the judgment and

               award dated 1st June, 2023 passed by the learned

               Additional District Judge-cum-Judge, Motor Accident

               Claims Tribunal, Fast Track, 2nd Court, Islampur, Uttar

               Dinajpur in MAC case no. 178 under Section 166 of the

               Motor Vehicles Act, 1988.

                     As per report of the Additional Stamp Reporter

               dated 26th September, 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
                                    2




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.

       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 1st June, 2023 passed by the

learned Additional District Judge-cum-Judge, Motor

Accident Claims Tribunal, Fast Track, 2nd Court,

Islampur, Uttar Dinajpur in MAC case no. 178 under

Section 166 of the Motor Vehicles Act, 1988.

By an order dated 1st June, 2023, the learned

Tribunal granted compensation of Rs.17,17,920/- 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 less statutory deposit before the 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 impugned judgement and award

passed by the learned Tribunal.

As per report of the Computer Section dated

13.09.2023, no caveat has been lodged.

The office report dated 12.09.2023 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.1670 dated 04.09.2023.

In view of readiness and willingness on the part of

the appellant-Insurance Company to deposit the entire

awarded sum less statutory deposit, there shall be stay of

operation of the impugned judgment and award passed by

the learned Tribunal till 2nd week of December, 2023. The

appellant-Insurance Company is directed to deposit the

entire awarded sum 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 15th December, 2023 under

the heading "Application".

              <                    (Bivas Pattanayak, J.)