National Insurance Co. Ltd vs Shilpa Saha And Others
2023 Latest Caselaw 7210 Cal

17.10.2023                    IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                    CIVIL APPELLATE JURISDICTION
 Sl. No. 213.                         APPELLATE SIDE
     KB                                   ,,




                                    F.M.A.T.(MV) 635 of 2023
                                             with
                                     IA No. CAN 1 of 2023
                ,




                                   National Insurance Co. Ltd.
                                                Vs.
                                    Shilpa Saha and others


                      Mr. Deb Narayan Ray
                ,,
                                     ... for the Insurance Company.
                      Mrs. Sima Ghosh
                                     ... for the respondent no.1.

In Re: F.M.A.T.(MV) 635 of 2023

This appeal is preferred against the judgment and

award dated 28th July, 2023 passed by learned Additional

District Judge cum Judge, Motor Accident Claims

Tribunal, Fast Track Court, Suri, Birbhum in M.A.C. Case

No. 121 of 2022 under Section 166 of the Motor Vehicles

Act, 1988.

As per report of Additional Stamp Reporter dated

13th October, 2023, the appeal is filed 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-

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 respondent

nos.2 and 3.

Since the respondent no.1-caveator has already

entered appearance, hence service of notice of appeal

upon said respondent stands dispensed with.

In Re: CAN 1 of 2023

This is an application for stay of operation of the

impugned judgement and award dated 28th July, 2023

passed by learned Additional District Judge cum Judge,

Motor Accident Claims Tribunal, Fast Track Court, Suri,

Birbhum in M.A.C. Case No. 121 of 2022 under Section

166 of the Motor Vehicles Act, 1988 as well as further

proceedings in MACC Execution Case No. 17 of 2023

pending before the learned Tribunal.

By order dated 28th July, 2023, learned Tribunal

granted compensation of Rs. 30,54,000/- together with

interest in favour of the claimants under Section 166 of

the Motor Vehicles Act, 1988.

Mr. Deb Narayan Ray, 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. He

further submits that the claimants have initiated an

execution proceeding being MACC Execution Case No. 17

of 2023. On such count, he prays for stay of operation of

impugned judgment and award as well as further

proceedings in the aforesaid execution case.

Mrs. Sima Ghosh, learned advocate for the

respondent no.1-caveator leaves the matter to the

discretion of the Court.

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 as well as further proceedings in MACC

Execution case no. 17 of 2023 pending before the learned

Tribunal till second week of December, 2023. The

appellant-insurance company is directed to deposit the

entire awarded sum together with interest less statutory

deposit before the learned Registrar General, High Court,

Calcutta within 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 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 nationalised bank, until further

orders.

Appellant-insurance company is directed to serve

copy of this application upon respondent nos. 2 and 3 and

file affidavit of service on the adjourned date.

Let this matter appear on 18th December, 2023

under the heading "Application".

(Bivas Pattanayak, J.)