The Oriental Insurance Co. Ltd vs Sima Jana & Ors
2023 Latest Caselaw 6623 Cal

29.9.2023
Ct. 655                      FMAT (MV) No. 329 of 2022
amr                                   With
Item 6                         IA NO: CAN 1 of 2022


                           The Oriental Insurance Co. Ltd.
                                         -vs.-
                                 Sima Jana & Ors.


            Mr. Sanjay Paul
            Ms. Jaita Ghosh

                                       .....    For the Appellant.

                           In Re: FMAT (MV) 329 of 2022


                      This appeal is preferred against the judgment

            and award dated 30.05.2022 passed by the learned

            Additional District & Sessions Judge, Motor Accident

            Claims Tribunal, Fast Track 2nd Court, Tamluk, Purba

            Medinipur in connection with M.A.C. Case No. 185 of

            2019 filed under Section 166 of the Motor Vehicles Act,

            1988.

                      As per the report of the Additional Stamp

            Reporter dated 21.11.2022, the appeal is preferred within

            the statutory period of time as enshrined in the Act.

            Accordingly,     the   appeal    if   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. The appellant is
                     2




directed to deposit special messenger costs for bringing

the lower court records in course of this day.

          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 lower court

records upon the learned advocate for the appellant

within a period of two weeks of such arrival.

          After arrival of lower court records, learned

advocate for the appellant shall prepare and file three sets

of informal paper books incorporating all relevant papers

and documents including pleadings and evidence, both

oral and documentary, in printed or cyclostyled or

typewritten 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 is directed to take effective steps to

cause service of notice upon the respondents. He further

directed to deposit Talabana costs together with written

up notice forms for causing service of notice of appeal

upon the respondents.

In Re.: CAN 1 of 2022

This is an application for stay of operation of

impugned judgment and award dated 30th May, 2022

passed by the learned Additional District & Sessions

Judge, Motor Accident Claims Tribunal, Fast Track 2nd

Court, Tamluk, Purba Medinipur in connection with

M.A.C. Case No. 185 of 2019 filed under Section 166 of

the Motor Vehicles Act, 1988.

By order dated 30th May, 2022, the learned

Tribunal granted compensation to the tune of

Rs.15,82,000/- together with interest in favour of the

claimants under the Section166 of the Motor Vehicles Act,

1988.

Learned counsel appearing 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, he prays for stay of operation of impugned

judgment and award passed by the learned Tribunal.

From the materials on record, it appears that no

caveat has been lodged.

It appears from the office report dated

21.11.2022 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 Accounts Sections report dated 17.09.2022.

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 of the learned Tribunal for a period of four

weeks. 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 one week after

reopening of ensuing puja vacation.

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 and 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.

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 one week after ensuing

puja vacation.

(Prasenjit Biswas, J.)