Bajaj Allianz General Insurance ... vs Manju Lohar And Others
2022 Latest Caselaw 5946 Cal

26th August, 2022
  (D/L No.18)
   Ct.No.14
     (SKB)

                                      FMAT 9 of 2019
                                           With
                            CAN 1 of 2019 (Old CAN 943 of 2019)

                       Bajaj Allianz General Insurance Company Limited
                                             Versus
                                     Manju Lohar and others

                                 Mr. Rajesh Singh
                                                         ... for the appellant.


                         This    appeal   has   been   preferred   against   the

                    judgment and award passed by the learned Judge,

                    Motor Accident Claims Tribunal, Fast Track Court, Suri,

                    Birbhum in MAC Case No.121 of 2013.

                         Office report does not speak whether the appeal is

                    time barred or not.

                         Be that as it may, for the interest of justice, the

                    delay, if any, in preferring the appeal be condoned.

                         Let the appeal be admitted and formally registered.

                         Call for the L.C.R.

                         The department is directed to take effective steps

                    so that the L.C.R. is received from the learned Tribunal

                    within three weeks from the date of communication of

                    the order.

                         After the L.C.R. is received and found complete on

                    its examination, notice of arrival of the L.C.R. be served

                    upon the learned lawyer appearing for the appellant

                    soon thereafter.      The appellant shall prepare the
                              2




requisite number of informal paper books containing all

the relevant papers - typewritten, cyclostyled or printed

out of court - and file the same in court with 20 days

thereafter.

     Now, the application being CAN 1 of 2019 (Old

CAN 943 of 2019) is taken up for hearing.

     Learned     lawyer   appearing   for   the   appellant

submits that the appellant has already deposited the

statutory deposit of Rs.25,000/- on 3rd January, 2019.

Learned lawyer submits that as per the judgment and

award passed by the learned Tribunal, the appellant is

to pay 50% of the awarded amount of Rs.25,54,000/- .

     In such context, learned lawyer submits that the

appellant will deposit the 50% of the awarded amount

with interest thereon less the statutory deposit of

Rs.25,000/- within such period as would be directed by

the court.

     In such context, learned lawyer seeks stay of the

operation of the impugned award.

     It appears that the appellant has already made the

statutory deposit of Rs.25,000/- vide Challan dated 3rd

January, 2019.

     In view of the above, let the operation of the

impugned award to the extent of 50% of the awarded

amount be stayed for a limited period of four weeks.
                              3




     The appellant is directed to deposit the 50% of

Rs.25,54,000/- with interest thereon less the statutory

deposit of Rs.25,000/- with the learned Registrar

General of this court within four weeks from date.

     If the appellant makes such deposit, the interim

order as indicated above will continue till the disposal of

the stay application. Failing to deposit the amount, the

interim order of stay as passed shall stand vacated

automatically.

     The learned Registrar General shall ensure that

the amount of money to be deposited by the appellant is

invested in a short-term auto-renewable fixed deposit

with any nationalised bank until further order.

     The appellant is directed to serve a copy of the stay

application along with the copy of the memorandum of

appeal upon all the respondents by speed post with AD

within ten days from date.

Let the application for stay being CAN 1 of 2019

(Old CAN 943 of 2019) be listed for hearing on 25th

September, 2022. Affidavit of service be filed on the date

of hearing.

(Rabindranath Samanta, J.)