Reliance General Insurance Co. ... vs Ramjan Mallick & Ors
2023 Latest Caselaw 7225 Cal

17.10.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                CIVIL APPELLATE JURISDICTION
 Sl. no.207                        APPELLATE SIDE
     sn                                  ,,




                                  F.M.A.712 of 2023
                                  (CAN 1 of 2023)
              ,




                           Reliance General Insurance Co. Ltd.
                                          Vs.
                                Ramjan Mallick & Ors.
              ,,




                    Ms. Gopa Das Mukherjee
                               ... for the appellant-Insurance Co.
                    Mr. Krishanu Banik
                               ..for the respondents-claimants

On the prayer of the learned advocate on record for

the appellant-insurance company, leave is granted to

correct the nomenclature of the Court at page 2 in the 4th

line of the Memorandum of Appeal.

In Re: F.M.A.712 of 2023

This appeal is preferred against the judgement and

award dated 18th May, 2023 passed by the learned

Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, Fast Track Court, Durgapur, Paschim

Bardhaman in MAC case no. 26 of 2018 under Section

166 of the Motor Vehicles Act,1988.

As per report of the Stamp Reporter dated 25th

August, 2023, the appeal is preferred within the statutory

period of limitation. Accordingly, the appeal is formally

admitted and registered.

Ms. Gopa Das Mukherjee, learned advocate for the

appellant-insurance company submits that all relevant

papers are with her and as such calling for lower court

records be dispensed with at present. She undertakes to

prepare informal paper books.

In view of the aforesaid submissions, calling for

lower court records stands dispensed with for the time

being.

Learned advocate for the appellant-insurance

company is directed to 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.

Ms. Gopa Das Mukherjee, learned advocate for the

appellant-insurance company submits for dispensing

with service of notice of appeal upon the respondent no.4,

owner of the offending vehicle, since he did not contest

the claim application. It is found from the impugned

judgment and order that the case has been disposed of ex

parte against the respondent no.4, owner of the offending

vehicle. In the aforesaid backdrop, service of notice of

appeal upon the respondent no.4, owner of the offending

vehicle, stands dispensed with.

Since the respondent nos.1 to 3 (claimants) have

already entered appearance, hence, service of notice of

appeal upon the said respondents also stands dispensed

with.

In Re: CAN 1 of 2023

This is an application for stay of operation of the

judgment and award dated 18th May, 2023 passed by the

learned Additional District Judge-cum-Judge, Motor

Accident Claims Tribunal, Fast Track Court, Durgapur,

Paschim Bardhaman in MAC case no. 26 of 2018 under

Section 166 of the Motor Vehicles Act,1988.

By an order dated 18th May, 2023, the learned

Tribunal granted compensation of Rs.22,98,000/-

together with interest in favour of the claimants under

Section 166 of the Motor Vehicles Act, 1988.

Ms. Gopa Das Mukherjee, 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. On

such count, she prays for stay of operation of the

impugned judgment and award of the learned Tribunal.

Mr. Krishnu Banik, learned advocate appearing for

advocate-on-record Mr. Ali Imam Shah, for the

respondents-claimants does not raise any objection.

As per report of the Computer Section, Appellate

Side, High Court, Calcutta 25.08.2023, no caveat has

been lodged.

The office report dated 19.07.2023 shows that the

insurance company has deposited the statutory amount

of Rs.25,000/- with the registry of this Court terms of

Section 173 of the Motor Vehicles Act vide OD challan

no.1216 dated 19.07.2023.

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 of the learned Tribunal till disposal of the

appeal.

The appellant-Insurance Company is directed to

deposit the entire awarded sum together with interest 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 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 nationalized bank, until further

orders.

The application being CAN 1 of 2023 stands

disposed of.

Let the matter appear on 15th December, 2023 under

the heading "Hearing".

               <               (Bivas Pattanayak, J.)