Calcutta High Court (Appellete Side)
The New India Assurance Co. Ltd vs Sima Singh & Ors on 30 November, 2021
62 30.11.
AGM 2021
Ct
07
FMAT 611 of 2021
With
CAN 1 of 2021
The New India Assurance Co. Ltd.
Versus
Sima Singh & Ors
(Via Video conference)
Mr. Parimal Kumar Pahari, ... For the Appellant.
Mr. Sanjay Pal,
... For the Respondents.
This is an insurance appeal preferred by New
India Assurance Co. Ltd. as appellant, wherein the
judgment and award dated 12th August, 2021, passed
by learned Tribunal Judge, Motor Accident Claim
Case/Additional District & Sessions Judge, RD
Court, Paschim Medinipore in M.A.C Case No. 230 of
2018, granting award to the tune of Rs. 32,63, 384/-
(Rupees Thirty Two Lakhs Sixty Three Thousand and
Three Hundred Eighty Four only) to the respondents
is under challenge.
Mr. Parimal Kumar Pahari, learned advocate for
the Insurance/ appellant submits that the appellant
/Insurance Company has already deposited the
statutory amount of Rs. 25,000/- before the learned
Registrar General of this Court. It is contended that
unless order of stay is granted in this case, the
learned Court below may proceed upon executing the
award, since the execution case has already been
started, and there is fair chance of getting the award
executed in the meantime.
As regards the grounds of appeal referred in the
memo of appeal, it is submitted that two vehicles are
involved in this case, in consequence of a head on
collision, and police after holding investigation
submitted charge sheet attaching negligence upon
both the drivers of offending vehicles involved in the
accident. The tribunal has erred in law in fixing the
liability upon one of the drivers of the offending
vehicle, thereby exonerating the another driver of
offending vehicle of the accident leading to the death
of deceased victim. It is, thus, submitted that there is
contributory negligence on the part of the another
vehicle, which has been not taken into account by the
tribunal. More so, the income of the deceased has not
been properly assessed leading to inadequate
quantification of the award. The award is, thus,
inadequate, improperly assessed, needing a revisit in
this appeal.
In such context, appellant proposes for interim
stay of execution of award.
When appellant has already deposited the
statutory amount of Rs. 25,000/-, and when there is
chance of getting the award executed by the 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 of Rs. 32, 63, 384/- with 6% interest
from the date of filing of this claim application before
the Registrar General within two (02) 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.
The appellant is directed to serve copy of the
CAN application upon all the respondents, and his
learned advocate appearing in the court below by
speed post with A/D, and furnish affidavit of service
on the returnable date, intimating that the matter will
appear in the list four weeks after.
List the matter four weeks after under the same
heading.
(Subhasis Dasgupta, J)
