Calcutta High Court (Appellete Side)
National Insurance Company ... vs Sudesna Purkait & Ors on 16 October, 2023
16.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 227
ab ,,
FMAT (MV) 652 of 2023
With
CAN 1 of 2023
,
National Insurance Company Limited
Vs.
Sudesna Purkait & Ors.
,,
Mr. Rajesh Singh
... for the appellant-insurance company
Re : FMAT (MV) 652 of 2023
This appeal is preferred against the judgment and
award dated 11th August, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track II Court, Diamond Harbour,
24 Parganas (South), in MAC Case No. 407 of 2022 under
Section 166 of the Motor Vehicles Act, 1988.
As per the report of the Additional Stamp Reporter
dated 16th October, 2023, the appeal is preferred within
the statutory period of limitation.
Accordingly, the appeal is formally admitted and
registered.
Let the lower court records be called for.
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
2
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 the notice of arrival of lower court
records, learned Advocate for the appellant-insurance
company shall prepare and file requisite number 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.
The appellant-insurance company is directed to
deposit talabana costs together with written up notice
forms for causing service of notice of appeal upon the
respondents.
Re : CAN 1 of 2023 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 11th August, 2023
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track II
Court, Damond Harbour, 24 Parganas (South), in MAC
Case No. 407 of 2022 under Section 166 of the Motor
Vehicles Act, 1988.
By such order dated 11th August, 2023, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 47,26,000/- together with interest
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
together with interest @ 6% per annum less statutory
deposit before 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
the impugned judgment and award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 10th October, 2023 shows that
no caveat has been lodged.
The office report dated 11th October, 2023 shows
deposit of statutory amount of Rs. 25,000/- in terms of
Section 173 of the Motor Vehicles Act with the Registry of
this Court vide OD Challan No. 2063 dated 09.10.2023.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest @ 6% per annum less
statutory amount, 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 together with interest @ 6% per annum 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 copy of this application upon the respondents and
file affidavit of service on the returnable date.
Let the matter appear on 18th December, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
