Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Anwesha Ghosh & Anr on 5 September, 2023
05.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 292
ab ,,
FMAT (MV) 399 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023
,
The Oriental Insurance Co. Ltd.
Vs.
Anwesha Ghosh & Anr.
,,
Mr. Rajesh Singh
... for the appellant--insurance company
Mr. Krishanu Banik
... for the respondent no. 1-claimant
Affidavit of service filed on behalf of the appellant-
insurance company is taken on record.
Re : FMAT (MV) 399 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, 10th Court, Alipore, 24 Parganas (South)
in MAC. Case No. 869 of 2017 under Section 166 of the
Motor Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 28th August, 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 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.
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 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
form for causing service of notice of appeal upon the
respondent no. 2, owner of the offending vehicle.
As per the affidavit of service, learned advocate Mr.
Jayanta Datta for the caveator has informed the learned
advocate for the appellant-insurance company that he
has already handed over the copy of the caveat to Mr.
Krishanu Banik, learned advocate along with "no
objection". Mr. Krishanu Banik, learned advocate submits
that he has already filed the Vakalatnama on 23rd August,
2023 on behalf of the respondent no. 1-claimant. In the
aforesaid backdrop, service of notice of appeal upon the
respondent no.1-claimant stands dispensed with.
Re : CAN 1 of 2023
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, 10th Court,
Alipore, 24 Pargana (South) in MAC. Case No. 869 of
2017 under Section 166 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. 26,22,579/- together with interest
under Section 166 of the Motor Vehicles Act.
Mr. Rajesh Singh, 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 office report dated 17th August, 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.1487 dated 16.08.2023.
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 for a period of
four weeks. 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 a period of four
weeks from date.
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 respondent No. 2,
owner of the offending vehicle and file affidavit of service
on the returnable date.
Let the matter appear on 6th October, 2023 under
the heading 'Application'.
< (Bivas Pattanayak, J.)
