Calcutta High Court (Appellete Side)
Limited vs Smt. Amita Mondal & Anr on 17 October, 2023
17.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 200
ab ,,
FMAT (MV) 597 of 2023
With
CAN 1 of 2023
,
Cholamandalam MS General Insurance Company
Limited
Vs.
Smt. Amita Mondal & Anr.
,,
Mr. Soumalya Ganguli
... for the appellant-insurance company
Re : FMAT (MV) 597 of 2023
This appeal is preferred against the judgment and
award dated 20th May, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, Fast Track Court-V, Alipore, 24
Parganas (South) in MAC Case No. 38 of 2019 under
Section 163A of the Motor Vehicles Act, 1988.
As per the report of the Additional Stamp Reporter
dated 9th 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 six weeks from date.
2
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 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 the 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 20th May, 2023
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track
Court-V, Alipore, 24 Parganas (South) in MAC Case No.
38 of 2019 under Section 163A of the Motor Vehicles Act,
1988.
By such order dated 20th May, 2023, the learned
Tribunal granted compensation in favour of the claimant
to the tune of Rs. 1,36,660/- together with interest under
Section 166 of the Motor Vehicles Act.
Mr. Soumalya Ganguli, 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 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 6th October, 2023 shows that
no caveat has been lodged.
The office report dated 25th September, 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. 1785 dated 18.09.2023.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum 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 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.)
