Full Judgement
Calcutta High Court (Appellete Side)
The Oriental Insurance Company ... vs Angur Sardar & Ors on 8 February, 2021
08.02.2021
(S/L-34)
Ct.-18
(Susanta)
(Via Video Conference)
F.M.A.T 548 of 2020
With
IA No. CAN 1 of 2020
The Oriental Insurance Company Ltd.
-Vs-
Angur Sardar & Ors.
Mrs. Sucharita Paul,
...... For the appellant/Insurance Company.
Mr. Subhankar Mandal,
..... For the Respondent nos. 1,2 & 3.
Re: IA No. CAN 1 of 2020
The present Appeal is at the instance of the
Insurance Company and is directed against
judgment and award dated October 16, 2020
passed by the Motor Accident Claims Tribunal-
cum-Additional District Judge, 4th Court,
Paschim Medinipore, in MAC Case no. 419 of
2017.
This is an application by the appellant
praying for stay of operation of the award till the
disposal of the appeal.
Mrs. Paul, learned advocate appearing on
behalf of the appellant submits that the
appellant although by the present application is
praying for stay of operation of the award under
appeal but the award since has been put into
execution during the pendency of the present
application, leave may be granted to the 2
appellant to correct the prayer portion of the
present application to incorporate the prayer for
stay of all further proceedings of the said
execution case.
Leave as prayed for is granted.
There shall be an unconditional stay of all
further proceedings of the Execution case No. 1
of 2020 pending before the Motor Accident
Claims Tribunal-cum- Additional District Judge,
4th Court, Paschim Medinipore for a period of
three weeks from date.
The appellant is required to deposit the
entire awarded amount with interest thereon less
the statutory deposit already made in terms of
Section 173(1) of the Motors Vehicles Act, 1988
with the learned Registrar General of this High
Court within three weeks from date.
The learned Registrar General shall ensure
that the same be invested in any Short Term
Auto Renewal Fixed Deposit of any nationalized
banks until further order.
If the deposit as directed above is made
within the aforesaid period, the stay granted by
this order shall continue till the disposal of the
present application, in default, the said order of
stay shall stand automatically vacated without
any further reference to this Court. 3
Mr. Subhankar Mandal, learned advocate
appears on behalf of the claimant/respondent
nos. 1, 2 and 3 and waives service of notice of
appeal upon the said respondents.
Mrs. Paul prays that the service of notice of
appeal may be dispensed with upon the
respondent no. 4.
Service of notice of appeal upon the said
respondent no. 4 is dispensed with on the prayer
and at the risk of the appellant.
The appeal is therefore ready as regards
service.
Mr. Mandal, learned advocate has prepared
informal paper books and he files a copy of such
paper book in Court today which is kept with the
record. He also supplies a copy of the said paper
book to Mrs. Paul.
The parties agree that the appeal can be
disposed of on the basis of the said paper book
without calling for the lower Court record.
In view of such the appeal and the
application be listed for hearing on March 1,
2021.
Urgent photostat certified copy of this order,
if applied for, be supplied to the parties subject
to compliance with all requisite formalities.
(Biswajit Basu, J.) 4
