The New India Assurance Co. Ltd vs Smt. Sandhya Rani Nayek & Ors
2021 Latest Caselaw 1089 Cal

08.02.2021
 (S/L-30)
   Ct.-18
 (Susanta)
                          (Via Video Conference)

                           F.M.A.T 228 of 2020
                                    With
                            IA No. CAN 1 of 2021

                       The New India Assurance Co. Ltd.
                                    -Vs-
                        Smt. Sandhya Rani Nayek & Ors.


        Mr. Parimal Pahari,
                                       ...... For the appellant.



                  Re: IA No. CAN 1 of 2021

                  The present Miscellaneous Appeal is at the

             instance of the Insurance Company and is

             directed against judgment and award dated

             December 3, 2019 passed by the Motor Accident

             Claims Tribunal and Additional District            &

             Sessions Judge, Fast Track 4th Court at Alipore,

             South 24-Parganas         in M.A.C Case no. 20 of

             2017.

                  This is an application by the appellant

             praying for stay of operation of the award till the

             disposal of the appeal.

                  The appellant is directed to serve a copy of

             the application upon the claimants/respondents

by speed post with acknowledgement due

intimating that the matter will come up in the

Supplementary List on March 15, 2021 under

the heading application.

The appellant to file affidavit of service on

the returnable date.

There shall be an unconditional stay of

operation of the award under appeal till 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

application, in default the said order of stay shall

stand automatically vacated without any further

reference to the Court.

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.)