Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Birbal Prasad Dey & Ors on 13 October, 2023
13.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. no.235 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)476 of 2023
(CAN 1 of 2023)
,
National Insurance Co. Ltd.
Vs.
Birbal Prasad Dey & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: FMAT(MV) 476 of 2023
This appeal is preferred against the judgment and
award dated 16th May, 2023 passed by the learned Judge,
Motor Accident Claims Tribunal, Re-Designated Court,
Paschim Medinipore in MAC case no. 709 of 2014 under
Section 166 of the Motor Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 3rd October, 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.
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 16th May, 2023 passed by the
learned Judge, Motor Accident Claims Tribunal, Re-
Designated Court, Paschim Medinipore in MAC case no.
709 of 2014 under Section 166 of the Motor Vehicles Act,
1988.
By an order dated 16th May, 2023 the learned
Tribunal granted compensation of Rs.8,05,200/- 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 the
impugned judgment and award.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta 16.08.2023, no caveat has
been lodged.
The office report dated 16.08.2023 shows that the
insurance company has deposited the statutory amount
of Rs.25,000/- with the registry of this Court terms of
Section 173 of the Motor Vehicles Act vide OD challan
no.1387 dated 03.08.2023.
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 of 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 amount 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.
The appellant-insurance company is directed to serve
a copy of this application upon the respondents and file
affidavit of service on the returnable date.
Let the matter appear on 12th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
