Calcutta High Court (Appellete Side)
National Insurance Co.Ltd vs Sangita Jana & Ors on 16 October, 2023
16.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.226 APPELLATE SIDE
sn ,,
F.M.A.T.(MV) 610 of 2023
(CAN 1 of 2023)
,
National Insurance Co.Ltd.
Vs.
Sangita Jana & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: F.M.A.T(MV)610 of 2023
This appeal is preferred against the judgment and
award dated 15th May, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track, 1st Court, Contai in MAC
case no. 125 of 2019 under Section 166 of the Motor
Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 10th 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
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 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 2023
This is an application for stay of operation of the
judgment and award dated 15th May, 2023 passed by the
learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, Fast Track, 1st Court, Contai in
MAC case no. 125 of 2019 under Section 166 of the Motor
Vehicles Act, 1988.
By an order dated 15th May, 2023, the learned
Tribunal granted compensation of Rs.30,08,728/- in
favour of the claimants under Section 166 of the Motor
Vehicles Act.
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 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
10.10.2023, no caveat has been lodged.
The office report dated 07.10.2023 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.1877 dated 21.09.2023.
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.)
