The New India Assurance Co. Ltd vs Smt. Rupa Ray & Ors
2021 Latest Caselaw 1245 Cal

   35
   SK
Ct. No. 18
08.02.2021

F.M.A. 5 of 2021 CAN 1 of 2021 (Via Video Conference)

The New India Assurance Co. Ltd.

Vs.

Smt. Rupa Ray & Ors.

Mr. Parimal Kumar Pahari ... For the Appellant.

The present miscellaneous appeal is at the instance

of the insurance company and is directed against the

judgment and award dated December 6, 2019 passed

by the Motor Accident Claim Tribunal cum Additional

District and Sessions Judge, Fast Track Court - I,

Hooghly Sadar in M.A.C. Case No. 1557 of 2014.

This is an application by the appellant praying stay

of the operation of award till the disposal of the

appeal. The appellant has already deposited the

statutory amount of Rs. 25,000/-.

There shall be an unconditional stay of operation of

the judgment and award under appeal for a period of

three weeks. The appellant is required to deposit the

entire awarded amount with interest less statutory

amount already deposited under Section 173 (1) of the

Motor Vehicles Act, 1988 with the Registrar General of

this Court within two weeks from date.

The learned Registrar General shall ensure the

same be invested in a short term auto renewal fixed

deposit account of any Nationalized Bank, until

further orders. If the deposit as directed above is made

within the aforesaid specified 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.

Let the application be listed on March 1, 2021

under the heading 'Application'.

The petitioner to file affidavit of service on the next

date of hearing.

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.)