Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Sadhana Shil & Ors on 21 September, 2023
21.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No. 237. APPELLATE SIDE
KB ,,
F.M.A.T. (MV) 319 of 2023
with
IA No. CAN 1 of 2023
,
The Oriental Insurance Co. Ltd.
Vs.
Sadhana Shil & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: F.M.A.T. (MV) 319 of 2023
This appeal is preferred against the judgment and
award dated 17th March, 2023 passed by learned Judge,
Motor Accident Claims Tribunal, Fast Track, 5th Court,
Barasat, 24 Parganas (North) in M.A.C. Case No. 926 of
2016 under Section 163A of the Motor Vehicles Act, 1988.
As per report of Additional Stamp Reporter dated
14th September, 2023, the appeal is filed 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
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.
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.
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.
In Re: CAN 1 of 2023.
This is an application for stay of operation of
impugned judgment and award dated 17th March, 2023
passed by learned Judge, Motor Accident Claims
Tribunal, Fast Track 5th Court, Barasat, 24 Parganas
(North) in M.A.C. Case No. 926 of 2016 under Section
163A of the Motor Vehicles Act, 1988.
By order dated 17th March, 2023 the learned
Tribunal granted compensation of Rs.5,00,000/- together
with interest in favour of the claimants under Section
163A of the Motor Vehicles Act, 1988.
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
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.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 13th June, 2023, no
caveat has been lodged.
As per the office report dated 14.09.2023 shows
that the insurance company has deposited statutory
amount of Rs.25,000/- with the registry of this Court in
terms of Section 173 of the Motor Vehicles Act vide OD
challan no.1668 dated 04.09.2023.
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 deposit 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 nationalised bank, until further
orders.
Appellant-insurance company is directed to serve
copy of the application upon the respondents and file
affidavit of service on the returnable date.
Let the matter appear on 20th November, 2023 under
the heading "Application".
(Bivas Pattanayak, J.)
