United India Insurance Co. Ltd vs Ramesh Kadma & Another
2023 Latest Caselaw 7147 Cal

16.10.2023                    IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                    CIVIL APPELLATE JURISDICTION
 Sl. No. 230.                         APPELLATE SIDE
     KB                                  ,,




                                   F.M.A.T.(MV) 550 of 2023
                                           with
                                   IA No. CAN 1 of 2023
                ,




                                United India Insurance Co. Ltd.
                                              Vs.
                                  Ramesh Kadma & Another


                      Ms. Sucharita Paul
                                     ... for the Insurance Company
                ,,




                      Mr. Krishanu Banik
                      Mr. Tathagata Banik
                                     ... for the respondent no.1-claimant

In Re: F.M.A.T.(MV) 550 of 2023

This appeal is preferred against the judgment and

award dated 8th June, 2023 passed by learned Additional

District Judge cum Judge, Motor Accident Claims

Tribunal, 7th Court, Paschim Medinipur in M.A.C. Case

No. 364 of 2015 under Section 166 of the Motor Vehicles

Act, 1988.

As per report of Additional Stamp Reporter dated

6th October, 2023, the appeal is filed within the statutory

period of limitation.

Accordingly, the appeal is formally admitted and

registered.

In the present appeal, at this stage, there is no

requirement for preparation of informal paper books since

direction for preparation of paper books have already

been passed in the connected appeal being FMAT (MV)

503 of 2023.

Ms. Sucharita Paul, learned advocate for

appellant-insurance company submits for dispensing

with the service of notice of appeal upon the respondent

no.2-owner of the offending vehicle, since he did not

contest the claim application. It is found from the

impugned judgment that the case has been disposed of ex

parte against the respondent no.2, owner of the offending

vehicle. In the aforesaid backdrop, service of notice of

appeal upon the respondent no.2, owner of the offending

vehicle, stands dispensed with.

Since respondent no.1-claimant has already

entered appearance, hence service of notice of appeal

upon the said respondent also stands dispensed with.

In Re: CAN 1 of 2023

This is an application for stay of operation of the

impugned judgement and award dated 8th June, 2023

passed by learned Additional District Judge cum Judge,

Motor Accident Claims Tribunal, 7th Court, Paschim

Medinipur in M.A.C. Case No. 364 of 2015 under Section

166 of the Motor Vehicles Act, 1988.

By order dated 8th June, 2023, learned Tribunal

granted compensation of Rs. 17,01,250/- together with

interest in favour of the claimant.

Mrs. Sucharita Paul, 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 at the rate of 6% per annum

less statutory deposit before the learned Registrar

General, High Court, Calcutta within such period as

would be directed by this Court. On such count, she

prays for stay of operation of impugned judgment and

award.

Mr. Krishanu Banik, learned advocate for the

respondent no.1-claimant (caveator) leaves the matter to

the discretion of the Court.

The office report dated 30.09.2023 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.1960 dated 29.09.2023.

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 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 @ 6% per annum less statutory

deposit before the learned Registrar General, High Court,

Calcutta within a 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 the appeal. 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.

CAN 1 of 2023 stands thus disposed of.

Let this appeal appear along with FMAT (MV) 503 of

2023 on 15th December, 2023 under the heading

"Hearing".

(Bivas Pattanayak, J.)