National Insurance Company ... vs Falguni Mondal & Ors
2022 Latest Caselaw 7966 Cal

01.12.2022
rc/ct.no.26
Item No.16


                                   FMAT (MV) 368 of 2022
                                          WITH
                                     CAN No. 1 of 2022
                                          WITH
                                     CAN No. 2 of 2022


                         National Insurance Company Limited
                                        Versus
                                Falguni Mondal & Ors.


                      Mr. Deb Narayan Roy            ...for the Appellants

                      Mr. Prasanta Kumar Banerjee
                      Mrs. Indrani Nandi      ....for the Respondents

Re : CAN No. 1 of 2022

This is an application for condonation of delay in

filing the appeal.

It appears from the report of the Stamp Reporter

that no delay has been caused in preferring the appeal.

Hence, this application has become infructuous.

CAN No. 1 of 2022 is disposed of accordingly.

There shall be, however, no order as to costs.

Re : CAN No. 2 of 2022

This is an application for stay of operation of the

impugned judgment and order dated 27.04.2022 passed

by the learned Judge, 2nd Motor Accident Claims Tribunal,

Chinsurah, Hooghly in Motor Accident Claim Case No. 1 of

2011.

Heard the learned counsel appearing on behalf of the

parties.

There shall be an unconditional stay of operation of

all further proceedings relating to the impugned order

dated 27.04.2022 passed by the learned Judge, 2nd Motor

Accident Claims Tribunal, Chinsurah, Hooghly in Motor

Accident Claim Case No. 1 of 2011 for a period of eight

weeks from date.

It is made clear, if the appellant/insurance company

deposits, within four weeks from date, the sum awarded by

the Tribunal i.e. Rs. 19,18,000/- less the statutory amount

Rs.25,000/- which is already deposited with this Court,

plus interest, with the Registrar General of this Hon'ble

Court, the ad interim order of stay shall continue till the

disposal of this appeal.

In case of default of payment as directed above, the

ad interim order of stay shall stand vacated without any

reference of this Court.

Upon deposit of the awarded sum by the appellant/

insurance company, the learned Registrar General shall

ensure that the said sum is deposited in auto renewing

fixed deposit account in a nationalised bank, until further

orders of this Court.

CAN No. 2 of 2022 is disposed of accordingly.

There shall be, however, no order as to costs.

Re : FMAT (MV) 238 of 2022

Let this appeal be appear under the heading

"Hearing" after completion of all formalities. Call for the Lower Court Records.

Department is directed to take necessary steps.

(Uday Kumar,J)