Reliance General Insurance Co. ... vs Ranu De @ Dey & Ors
2022 Latest Caselaw 6512 Cal

  13.09.2022
SL No. 11
Court No. 654
     Ali


                             F.M.A.T. 807 of 2021
                     IA No: CAN/1/2022, CAN/2/2022

                     Reliance General Insurance Co. Ltd.
                                    Vs
                        Ranu De @ Dey & Ors.


                     Mr. Soumendranath Ganguly
                     Mr. Siddhartha Goswami
                                            ...for the appellant
                     CAN 1 of 2022

                     This is an application for condonation of delay in
                preferring the appeal.
                     Mr. Soumendranath Ganguly, learned advocate for
                the Insurance Company submits that the period of
                delay has been largely covered by the decision of
                Hon'ble Supreme Court and there has been delay of 11
                days only.
                     As per the department as certified copy of the
                impugned judgement has not been filed they are
                unable to furnish report. Hence, appellant is directed
                to file certified copy of the impugned judgement.
                Department is directed to furnish report upon such
                filing.
                     Appellant   is    directed   to    serve   copy   of   the
                application   for     condonation      of   delay   upon    the
                respondents and file affidavit of service on the

returnable date.

CAN 2 of 2022

This is an application for stay of operation of judgement and award passed by learned Judge, Motor Accident Claims Tribunal-Cum-Additional District & Sessions Judge, Fast Track, 3rd Court, Sadar, Paschim

Medinipur on 14.09.2021 in MAC Case No. 73 of 2020 under Section 166 of Motor Vehicles Act, 1988.

By order dated 14th September, 2021 the learned tribunal allowed the application for compensation under Section 166 of the Motor Vehicles Act filed by the claimants and directed Appellant-Insurance Company to pay only 50% of the total compensation amount of Rs.12,39,000/- together with interest @ 6% per annum from the date of filing of the claim application till full liquidation by issuing four A/C payee Cheques in the name of the claimants and the other 50% was directed to be paid by another Insurance Company.

Mr. Soumendranath Ganguly, learned advocate for the appellant insurance company submits that the appellant is ready and willing to deposit the entire amount of compensation as directed by the learned tribunal less statutory deposit within such period as would be specified by this court and undertakes to deposit the same. He further submits that by order No. 06 dated 13.07.2022 passed in Execution proceedings No. M.Ex. No. 02 of 2022 the bank account of the appellant Insurance Company has been attached and he files photo copy of the aforesaid order.

It appears from the report of Computer Section dated 08.08.2022 that no Caveat has been lodged. As per report of the Additional Stamp Reporter dated 22.08.2022 statutory deposit of Rs.25,000/- has been made. The photo copy of the Chalan submitted on behalf of appellant also shows deposit of Rs.25,000/-.

In view of the readiness and willingness on the part of the appellant to deposit the entire amount as directed by the learned tribunal to be paid by the appellant less the statutory deposit, there shall be a stay of operation of impugned judgment and award for

a period of four weeks to the extent as against the Appellant-Insurance Company. The appellant is directed to deposit the amount equaling to 50% of Rs.12,39,000/ together with interest as specified in the order of the learned tribunal, with the learned Registrar General, High Court, Calcutta within a period of four weeks.

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 this 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 amount of money to be deposited by the appellant shall be invested in a short term auto-renewable account of any nationalized bank until further orders.

Copy of the application shall be served on the respondents by the returnable date and the appellant is directed to file affidavit-of-service on the next date. Let the matter appear one week after the ensuing Puja Vacation.

(Bivas Pattanayak J.)