Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Chaitali Biswas & Anr on 29 September, 2023
29.9.2023
Ct. 655 FMAT (MV) No. 373 of 2022
amr With
Item 8 IA NO: CAN 1 of 2022
National Insurance Co. Ltd.
-vs.-
Chaitali Biswas & Anr.
Mr. Sanjay Paul
Ms. Jaita Ghosh
..... For the Appellant.
Despite service, it appears from the envelope sent to
the addressee that it is returned with endorsement "not
sufficient".
In Re.: CAN 1 of 2022
This is an application for stay of operation of
impugned judgment and award dated 21st May, 2022
passed by the learned Additional District Judge, Motor
Accident Claims Tribunal, 3rd Court, Alipore, 24-Parganas
(South) in connection with M.A.C. Case No. 43 of 2009
filed under Section 166 of the Motor Vehicles Act, 1988.
By order dated 21st May, 2022, the learned
Tribunal granted compensation to the tune of
Rs.2,90,000/- 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
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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
09.09.2022 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 02.09.2022.
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
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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.
The appeal is formally admitted and registered.
In Re.: FMAT (MV) 373 of 2022
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
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.
Let the matter appear one week after ensuing
puja vacation.
(Prasenjit Biswas, J.)
