Calcutta High Court (Appellete Side)
Magma Hdi Gen. Ins. Co.Ltd vs Rajiya Bana & Ors on 31 October, 2022
31.10.2022
SL No. 25
Ct No. 654
Sk
F.M.A.T. 254 of 2022
IA No: CAN/1/2022
Magma HDI Gen. Ins. Co.Ltd.
Vs
Rajiya Bana & Ors.
Mr. Parimal Kr. Pahari
....for the appellant
Re:- CAN 1 of 2022.
This is an application for stay of operation of
the impugned judgment and award dated 12th April,
2022 passed in M.A.C. Case No. 46 of 2017 by the
Motor Accident Claims Tribunal and Additional
District Judge, Fast Track Court, Durgapur,
District-Paschim Bardhaman under Section 166 of
the Motor Vehicles Act, 1988.
By order dated 12th April, 2022 the learned
Tribunal has granted compensation to the tune of
Rs. 20,27,800/- in favour of the claimant along with
interest from the date of filing of the claim
application till the realization of the amount.
Mr. Parimal Kumar Pahari, learned advocate
appearing on behalf of the appellant-insurance
company submits that the appellant-insurance
company has already deposited the statutory
amount in terms of Section 173 of the Motor
Vehicles Act and is also ready and willing to deposit
the entire awarded sum along with interest before
the learned Registrar General, High Court, Calcutta.
He filed photocopy of the challan
As per the report of the Computer Section
dated 15.7.2022 no caveat has been lodged. It
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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. 1120 dated 6.7.2022. The
photocopy also shows deposit of Rs. 25,000/- has
been made before the learned Registrar General,
High Court, Calcutta.
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 12th April,
2022 passed in M.A.C. Case No. 46 of 2017 by the
Motor Accident Claims Tribunal and Additional
District Judge, Fast Track Court, Durgapur,
District-Paschim Bardhaman 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.
The learned Registrar General, High Court,
Calcutta shall ensure that the aforesaid amount of
money to be deposited by the appellant-insurance
company be invested in a short term auto renewal
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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.)
