Sabita Biswas vs New India Assurance Co.Ltd. & Anr
2023 Latest Caselaw 6362 Cal

21.09.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. Nos.1&2
     sn                                   ,,




                                     F.M.A.831 of 2022
               ,




                                   Sabita Biswas
                                           Vs.
                              New India Assurance Co.Ltd. & Anr.
                                           With

                                     F.M.A.522 of 2023
                                     (CAN 1 of 2022)

                              New India Assurance Co.Ltd. & Anr.
                                           Vs.
                                   Sabita Biswas & Anr.
               ,,




                     Mr. Amit Ranjan Roy
                                ... for the appellant.
                     Ms. Sucharita Paul
                                ..for the insurance company

                     Both the appeals arises out of a judgment and

               award dated 4th March, 2022 passed by the learned

               Additional District Judge-cum-Judge, Motor Accident

               Claims Tribunal, Fast Track Court-II, Krishnagar, Nadia

               in M.A.C. Case No.91 of 2018 under Section 166 of the

               Motor Vehicles Act.

                     As per report of the Additional Stamp Reporter

               dated 21st June, 2022 and 11th August, 2022, both the

               appeals have been preferred within the statutory period of

               limitation. Accordingly, both the appeals are formally

               admitted and registered.

                     Mr.   Amit   Ranjan       Roy,   learned   advocate   for

               appellant-claimant (in FMA 831 of 2022) submits that all

               relevant papers are with him and as such calling for lower
                              2




court records be dispensed with for the time being. He

undertakes to prepare informal paper books.

      Ms.    Sucharita    Paul,     learned   advocate   for

respondent no. 1-insurance company (in FMA 831 of

2022) concurs with such submissions. In view of the

above, calling for Lower Court Records is dispensed with

for the time being.

Learned advocate for the appellant-claimant (in

FMA 831 of 2022) 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 of four weeks from date.

Mr. Roy, learned advocate for the appellant-

claimant (in FMA 831 of 2022) submits for dispensing

with service of notice of appeal upon the respondent no.2,

owner of the offending vehicle, since he 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.

In Re: CAN 1 of 2022 (in FMA 522 of 2023)

This is an application for stay of operation of the

judgment and award dated 4th March, 2022 passed by the

learned Additional District Judge-cum-Judge, Motor

Accident Claims Tribunal, Fast Track Court-II,

Krishnagar, Nadia in M.A.C. Case No.91 of 2018 under

Section 166 of the Motor Vehicles Act.

By an order dated 4th March, 2022, the learned

Tribunal granted compensation of Rs.38,56,560/- 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 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. Amit Ranjan Roy, learned advocate for the

respondent no. 1-claimant does not raise any objection.

The office report dated 30th June, 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.1574 dated 18th August, 2022.

In view of readiness and willingness on the part of

the appellant-Insurance Company to deposit the entire

awarded sum 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 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 2022 stands

disposed of.

Both the appeals shall appear in the list on

reopening of the Court after the ensuing puja vacation.

(Bivas Pattanayak, J.)