NATIONAL INSURANCE CO. LTD. (CR) Vs. SUBHASIS MANNA

JUDGEMENT

(1.) The appellant-insurer, in this appeal under section 173 of the Motor Vehicles Act, 1988 (hereafter the Act), has mounted a challenge to an award dated September 12, 2017 passed by the learned Judge, 6th Bench, City Civil Court, Kolkata (the Presiding Officer of the Motor Accident Claims Tribunal, Kolkata) while deciding MACC Case No.458 of 2007. By the award under appeal, the tribunal accepted the claim application presented before it by Sri Subhasis Manna (hereafter the claimant) under section 166 of the Act and proceeded to determine "just compensation" in a sum of Rs.20,56,800/- for the injury suffered by him in an accident involving the use of a 'Maruti Van' (hereafter the "van"), insured by the appellant. The tribunal directed the appellant to pay the amount assessed on account of compensation by issuing an account payee cheque in favour of the claimant within 60 days, failing which it would carry interest @ 1% per month from the date of presentation of the claim application till realization of the same.

(2.) CAN 1819 of 2019 is an application for stay filed in the appeal by the appellant. Such application came up for consideration before a coordinate Bench on June 28, 2018. Having considered the submission advanced on behalf of the appellant that execution proceedings had been initiated by the claimant in pursuance whereof the appellant had secured Rs.46,27,000/- before the tribunal, the coordinate Bench granted liberty to the claimant to withdraw Rs.10,00,000/- without prejudice to the rights and contentions of the parties in the appeal and on the specific undertaking given by him through Mr. Mondal, learned advocate that should the appeal succeed and the award of the tribunal be ultimately set aside, he shall return the said sum of Rs.10,00,000/- lakh to the appellant. The coordinate Bench had also directed the Registrar, City Civil Court to invest the sum of Rs.36,27,000/- in an auto-renewable fixed deposit account in the manner specified therein. It was recorded in the order passed on that date that the appeal was proposed to be heard based on the lower Court records without insisting for preparation of formal paper books.

(3.) Although effectively nothing survived for decision on CAN 1819 of 2019 after such order, it was not formally disposed of.