Calcutta High Court (Appellete Side)
Shriram General Insurance Co. Ltd vs Chhamad @ Chhamad Molla & Ors on 31 October, 2022
31.10.2022
SL No. 9
Ct No. 654
Sk
F.M.A.T.537 of 2019
IA No: CAN/1/2019
(Old No. CAN 6798/2019)
Shriram General Insurance Co. Ltd.
Vs
Chhamad @ Chhamad Molla & Ors.
Mr. Rajesh Singh
....for the appellant.
Re:- CAN 1 of 2020.
This is an application for stay of operation of
the impugned judgment and award dated 26th
February, 2019 passed in M.A.C. Case No. 1006 of
2016 (Old No. 101 of 2012) by the learned Additional
District Judge, 3rd Court, 24 Parganas(South) at
Alipore under Section 163A of the Motor Vehicles
Act, 1988.
By order dated 26th February, 2019 the
learned Tribunal directed the appellant-insurance
company to make payment of award of Rs.
5,00,000/- as compensation under Section 163A of
the Motor Vehicles Act along with interest within 60
days from the date of communication of this order.
Mr. Rajesh Singh, learned advocate
appearing on behalf of the appellant-insurance
company submits that an amount of Rs. 25,000/-
has been deposited towards statutory deposit under
Section 173 of the Motor Vehicles Act, 1988. He
further submits that the appellant-insurance
company is ready and willing to deposit the entire
amount along with interest less statutory deposit
within such period as would be directed by this
court and undertakes to deposit the same before the
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learned Registrar General, High Court, Calcutta. On
such count he seeks for stay of operation of the
impugned judgment and award. He further files
photo copy of challan being No. 457 dated
14.6.2019.
The endorsement of the computer section
dated 17.7.2019 shows that no caveat has been
lodged. It appears from the report of S.R. Section
that statutory deposit of Rs. 25,000/- has been
made before the learned Registrar General, High
Court, Calcutta vide O.D. Challan No. 457 dated
14.6.2019. The photocopy of challan submitted by
the appellant-insurance company also shows
deposit of the said amount.
Accordingly, in view of the readiness and
willingness of the insurance company to deposit the
entire amount of award along with interest less
statutory deposit, there shall be stay of operation of
the impugned judgment and award dated 26th
February, 2019 passed in MAC Case No. 1006 of
2016 for a period of four weeks.
The appellant-insurance company is
directed to deposit the entire awarded amount of
money along with interest less statutory deposit
before the learned Registrar General, High Court,
Calcutta within a period of four weeks.
In the event, if the appellant makes deposit
of the aforesaid amount the stay of operation of the
impugned judgment and award shall continue till
the disposal of this application. However, in default
of deposit the aforesaid amount by the insurance
company within the specified period as aforesaid the
order of stay shall stand automatically vacated
without any reference to this Court.
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The learned Registrar General, High Court,
Calcutta shall ensure that the aforesaid amount of
money to be deposited by the appellant-insurance
company shall be invested in a short term auto
renewal account of any nationalized bank until
further orders.
The appellant is directed to serve copy of
stay application upon the respondents and file
affidavit of service on the next date fixed.
Let the matter appear on 30th November,
2022.
(Bivas Pattanayak J.)
