Calcutta High Court (Appellete Side)
National Insurance Company Ltd vs Sri Nitai @ Netai Ghosh & Anr on 13 September, 2023
13.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 227
ab ,,
FMA 385 of 2022
With
CAN 1 of 2022
,
National Insurance Company Ltd.
Vs.
Sri Nitai @ Netai Ghosh & Anr.
,,
Mr. Rajesh Singh
... for the appellant--insurance company
Re : FMA 385 of 2022
This appeal is preferred against the judgment and
award dated 30th September, 2021 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 2nd Court, Krishnagar, Nadia in MAC.
Case No. 131 of 2014 under Section 163A of the Motor
Vehicles Act, 1988.
As per report of the Additional Stamp Reporter
dated 28th February, 2022, 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
2
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
respondents.
Re : CAN 1 of 2022
This is an application for stay of operation of the
impugned judgment and award dated 30th September,
2021 passed by the learned Additional District Judge-
cum-Judge, Motor Accident Claims Tribunal, 2nd Court,
Krishnagar, Nadia in MAC. Case No. 131 of 2014 under
Section 163A of the Motor Vehicles Act, 1988.
By such order dated 30th September, 2021, the
learned Tribunal granted compensation in favour of the
claimant to the tune of Rs. 1,70,000/- together with
interest under Section 163A 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 report of the Computer Section, Appellate Side,
High Court, Calcutta dated 20th January, 2022 shows that
no caveat has been lodged.
The office report dated 14th February, 2022 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. 1964 dated 04.02.2022.
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 respondents and
file affidavit of service on the returnable date.
Let the matter appear on 16th October, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
