Calcutta High Court (Appellete Side)
The Oriental Insurance Co.Ltd vs Md. Aslam @ Sk. Aslam & Anr on 20 September, 2023
20.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.240
sn ,,
F.M.A.T.(MV) 492 of 2023
CAN 1 of 2023 & CAN 2/2023
,
The Oriental Insurance Co.Ltd.
Vs.
Md. Aslam @ Sk. Aslam & Anr.
,,
Ms. Sucharita Paul
... for the appellant-insurance Co.
Mr. Jayanta Kr. Mondal
..for the respondent no. 1-claimant
In Re: F.M.A.T. 492 of 2023
This appeal is preferred against the judgment and
award dated 26th June, 2023 passed by the learned
Additional District Judge-cum-Judge, Motor Accident
Claims Tribunal, 7th Court, Alipore, South 24 Parganas in
M.A.C. Case No.147 of 2010 under Section 166 of the
Motor Vehicles Act.
As per report of the Additional Stamp Reporter
dated 13th September, 2023, the appeal is preferred
within the statutory period of limitation. Accordingly, the
appeal is formally admitted and registered.
Call for the lower court records.
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 appellants-
claimants within a period of two weeks of such arrival.
Upon receipt of notice of arrival of lower court
records, learned advocate for the appellant-insurance
company shall 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 of service of notice of
arrival of lower court records.
Ms. Paul, learned advocate for the appellant-
insurance company submits for dispensing with service of
notice of appeal upon the respondent no.2, owner of the
offending vehicle, since she did not contest the claim
application. It is found from the impugned judgment that
the case has been disposed of ex parte against the
respondent no.2, owner of the offending vehicle. In the
aforesaid backdrop, the service of notice of appeal upon
the respondent no.2, owner of the offending vehicle,
stands dispensed with.
Mr. Jayanta Kumar Mondal, learned advocate
appearing on behalf of respondent no. 1-claimant,
submits that the claimant has filed a Caveat being no.
3395 of 2023.
The department is directed to tag being Caveat no.
3395 of 2023 with the main file.
Since the respondent no.1-claimant (Caveator) has
already entered appearance, service of notice of appeal
upon the said respondent also stands dispensed with.
In Re: CAN 1 of 2023
This is an application for stay of operation of the
judgment and award 26th June, 2023 passed by the
learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, 7th Court, Alipore, South 24
Parganas in M.A.C. Case No.147 of 2010 under Section
166 of the Motor Vehicles Act.
By an order dated 26th June, 2023, the learned
Tribunal granted compensation of Rs.5,47,000/- together
with interest in favour of the claimant 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
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 impugned
judgment and award.
Mr. Jayanta Kumar Mondal, learned advocate for
the respondent no. 1-claimant does not raise any
objection.
The office report dated 25th August, 2023 shows
that the insurance company has deposited the statutory
amount of Rs.25,000/- with the registry of this Court in
terms of Section 173 of the Motor Vehicles Act, 1988 vide
O.D. Challan no.1592 dated 25th August, 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 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 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.
In Re: CAN 2 of 2023
This is an application for stay of operation of the
impugned judgment and award.
Ms. Sucharita Paul, learned advocate for the
appellant-insurance company submits that out of
inadvertence, subsequently the present application for
stay has been filed and she submits for not pressing the
application.
In view of the above submissions, the application
being CAN 2 of 2023 stands dismissed as withdrawn.
Let this matter go out the list with liberty to
mention.
(Bivas Pattanayak, J.)
