National Insurance Company Ltd vs Nuruddin Khan & Anr
2022 Latest Caselaw 7317 Cal

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 03.11.2022
 SL No.12
Court No. 654
     Ali


                            F.M.A. 815 of 2022
                             IA No: CAN/1/2022
                          National Insurance Company Ltd.
                                     Vs.
                              Nuruddin Khan & Anr.

                    Mr. Rajesh Singh
                            ......for the appellant-Insurance Company
                    CAN 1 of 2022

                    This is an application for stay of operation of
                impugned judgment and award dated 13.09.2021
                passed by learned Judge, Motor Accident Claim
                Tribunal-Cum Additional District Judge, Fast Track,
                1st Court, Diamond Harbour in M.A.C. Case No. 540 of
                2017 under Section 166 of the Motor Vehicles Act,
                1988.

                    By order dated 13.09.2021 the learned Tribunal
                allowed   compensation       in   favour    of     claimant-
                respondent to the tune of Rs.20,45,120/- (Rupees

Twenty Lacs Forty Five Thousand One Hundred Twenty)) only alongwith interest from the date of filing of the claim application till realization of the awarded amount.

Mr. Rajesh Singh, learned advocate for the appellant-Insurance Company submits that the appellant-Insurance Company has already deposited statutory amount of Rs.25,000/- in terms of Section 173(1) of the Motor Vehicles Act, 1988 and is ready and willing to deposit the entire awarded sum alongwith interest less statutory deposit before the learned Registrar General, High Court, Calcutta. He files photo copy of the Chalan showing deposit of the statutory amount.

It appears from the report of the Computer Section, Appellate Side, High Court at Calcutta that no Caveat has been lodged.

The report of the SR Section shows that the appellant-Insurance Company has deposited statutory amount of Rs 25,000/- vide OD Chalan No 440 dated 13.05.2022. The photo copy of the Chalan also shows deposit of the statutory amount.

In view of the readiness and willingness on the part of the appellant to deposit the entire awarded sum alongwith interest less statutory deposit, there shall be stay of operation of impugned judgment and award dated 13.09.2021 passed in M.A.C. Case No. 540 of 2017 for a period of four weeks.

The appellant is directed to deposit the awarded money with interest less statutory deposit of Rs. 25,000/- with the learned Registrar General, High Court, Calcutta within a period of four weeks from date In the event, the appellant makes deposit of the aforesaid amount, the stay of operation of the impugned judgment and award shall continue till the disposal of the application. However, in default of deposit of the aforesaid amount by the appellant within the specified period as aforesaid, the order of stay shall stand automatically vacated without any reference to this Court.

Learned Registrar General, High Court, Calcutta, shall ensure that the aforesaid money to be deposited by the appellant be invested in a short term auto- renewable account of any nationalized bank until further orders.

The appellant-Insurance Company is directed to serve copy of the application upon the respondents and file affidavit of service on the next date fixed. Let the matter appear on 05.12.2022.

(Bivas Pattanayak, J.)