National Insurance Company ... vs Smt. Gayatri Roy & Ors
2023 Latest Caselaw 7272 Cal

18.10.2023                   IN THE HIGH COURT AT CALCUTTA
  Ct. no.654                  CIVIL APPELLATE JURISDICTION
  D/L 203
    ab                                  ,,




                                FMAT (MV) 636 of 2023
                                       With
                                   CAN 1 of 2023
               ,




                        National Insurance Company Limited
                                        Vs.
                              Smt. Gayatri Roy & Ors.
               ,,




               Ms. Sucharita Paul
                                ... for the appellant-insurance company

               Mr. Krishanu Banik
                             ... for the respondent nos. 1 to 3-claimants

Re : FMAT (MV) 636 of 2023

This appeal is preferred against the judgment and

award dated 1st August, 2023 passed by the learned

Additional District Judge-cum-Judge, Motor Accident

Claims Tribunal, Fast Track 3rd Court, Sadar, Paschim

Medinipur in MAC Case No. 524 of 2021 under Section

166 of the Motor Vehicles Act, 1988.

As per the report of the Additional Stamp Reporter

dated 13th October, 2023, the appeal is preferred within

the statutory period of limitation.

Accordingly, the appeal is formally admitted and

registered.

Mrs. Sucharita Paul, Learned advocate for the

appellant-insurance company submits that all the

relevant papers are with her and as such, calling for of

lower court records be dispensed with at present and she

undertakes to prepare informal paper books.

Mr. Krishanu Banik, learned advocate for the

respondent nos. 1 to 3-claimants concurs with such

submissions.

In view of submissions advanced on behalf of the

appellant-insurance company, calling for of lower court

records is dispensed with for the time being.

Learned advocate for the appellant-insurance

company is directed to prepare and file three sets 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 four weeks from date.

Since the respondent nos. 1 to 3- claimants have

already entered appearance, service of notice of appeal

upon the said respondents stands dispensed with.

The 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 no. 4.

Re : CAN 1 of 2023 (Stay)

This is an application for stay of operation of the

impugned judgment and award dated 1st August, 2023

passed by the learned Additional District Judge-cum-

Judge, Motor Accident Claims Tribunal, Fast Track 3rd

Court, Sadar, Paschim Medinipur in MAC Case No. 524 of

2021 under Section 166 of the Motor Vehicles Act, 1988

By such order dated 1st August, 2023, the learned

Tribunal granted compensation in favour of the claimant

to the tune of Rs. 78,96,300/- together with interest

under Section 166 of the Motor Vehicles Act.

Ms. 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 less statutory deposit before learned

Registrar General, High Court, Calcutta within such time

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

prays for stay of operation of the impugned judgment and

award.

Mr. Krishanu Banik, learned advocate for the

respondent nos. 1 to 3-claimants does not raise any

objection.

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. 2088 dated 10.10.2023.

In view of readiness and willingness on the part of

the appellant-Insurance Company to deposit the entire

awarded sum together with interest 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 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 19th December, 2023

under the heading 'Application'.

                 <                 (Bivas Pattanayak, J.)