Hdfc Ergo General Insurance ... vs Smt. Pratima Patra & Ors
2021 Latest Caselaw 6002 Cal

 53   02.12.
AGM    2021
 Ct
07
                                   FMAT 513 of 2021
                                        With
                                    CAN 1 of 2021

                 HDFC Ergo General Insurance Company Limited
                                    Versus
                          Smt. Pratima Patra & Ors

                              (Via Video conference)


               Mr. Rajesh Singh,
                                        ... For the Appellant.

                    This is an insurance appeal preferred by HDFC

               Ergo General Insurance Company Limited, wherein

               the judgment and award dated 26th April, 2021

               passed in M.A.C.C Case No. 143 of 2016 by learned

               Judge,        M.A.C.          Tribunal,         Paschim

               Medinipur/Additional District & Sessions Judge, Fast

               Track 3rd Court, Sadar, Paschim Medinipur, granting

               award    to   the     tune   of   Rs.     8,42,000/-   to

               claimants/respondents is under challenge.

It is strongly contended by Mr. Singh that the

offending vehicle has been implanted simply to obtain

award adopting a fictitious method. It is submitted by

Mr. Singh that statutory deposit of Rs. 25,000/- in

preferring the appeal has already been made, which

is lying deposited with the Registrar General of this

Court.

With the aid of CAN application being CAN No.

1 of 2021, Mr. Singh proposes for granting interim

stay, as regards execution of the award, passed by

the Tribunal, contending, inter alia, that unless an

interim stay is granted, the execution proceeding

already initiated may be proceeded, and the very

purpose of the appeal may be frustrated.

The appellant is directed to serve the copy of

CAN application upon the opposite parties/all the

respondents by speed post with A/D, and furnish the

affidavit of service on the returnable date.

Since there is possibility of getting the award

executed with the aid of pending execution

proceeding by the learned Tribunal, let there be an

order granting interim stay of execution of award,

subject to the condition that the appellant/insurance

company shall deposit the awarded sum with 6%

interest from the date of filing of claim application

before the Registrar General within three (03) weeks

from the date of order.

It is further clarified that upon such deposit

being made within the period mentioned hereinabove,

the interim order of stay may be continued till the

decision of appeal. In the event of failure of such

deposit with the learned Registrar General within the

period stipulated hereinabove, the interim stay order

granted in the appeal shall automatically stand

vacated without making any further reference to the

insurance company.

The Registrar General is directed to invest the

deposited amount in a short term interest earning

auto renewal fixed deposit scheme in any of the

nationalized banks, which shall not be permitted to

be withdrawn by the respondents without any order

of the Court.

List the matter three (03) weeks after under the

same heading.

(Subhasis Dasgupta, J)