Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Purnima Ghosh & Ors on 13 September, 2022
Ct. No. 654 F.M.AT. 406 of 2020
Item No. 8
Sk. CAN 1 of 2022,CAN 2 of 2022
13.9.2022
In the matter of:-
National Insurance Co. Ltd.
Vs
Purnima Ghosh & Ors.
Mr. Rajesh Singh
....for the appellant.
Re:- CAN 1 of 2022
This is an application for condonation of
delay in preferring the appeal.
Mr. Rajesh Singh, learned advocate
appearing for the appellant-Insurance Co. submits
that there has been delay of 99 days in preferring
the appeal.
The appellant is directed to serve copy
of the application upon the
respondents/claimants by the returnable date.
Re:- CAN 2 of 2022
This is an application for stay of
operation of judgment and award dated 4th
September, 2019, passed by Ld. Judge, Motor
Accident Claims Tribunal, Additional District
Judge, 6th Court, Paschim Medinipur in MAC
Case No.110 of 2013. By order dated 4th
September,2019, the Learned Tribunal allowed
the application of the claimants under Section
166 of the Motor Vehicles Act and directed the
opposite party no.2 insurance company to issue
four account payee cheques within two months
amounting to Rs.9,08,338/- in favour of the
claimants along with interest at the rate of 6 %
per annum from the date of filing of the
application till actual realization.
Mr. Rajesh Singh, learned advocate
appearing on behalf of the appellant submits that
the appellant has already made statutory deposit
of Rs.25,000/- as required under Section 173 of
the Motor Vehicles Act, 1988. He further submits
that the appellant is ready and willing to deposit
the entire awarded amount with interest thereon
within such period as would be directed by this
Court. On such score, learned advocate seeks for
stay of operation of the impugned judgment and
award. He also files photocopy of the receipt of
statutory deposit.
At the outset it is found that no caveat has
been filed.
It appears from the report of SR Section that
the statutory deposit of Rs.25,000/- has been
deposited with the Learned Registrar General,
High Court, Calcutta vide Challan No.1961 dated
4.02.2022 and the photocopy of the receipt
submitted by the appellant also shows deposit of
the said amount.
In view of the readiness and willingness
of the appellant to deposit the entire amount there
shall be stay of operation of impugned judgment
and award dated 4th September,2019 passed in
M.A.C case no. 110 of 2013, for a period of four
weeks. The appellant is directed to deposit the
entire awarded amount of money with interest less
statutory deposit of Rs. 25,000/- with the Learned
Registrar General, High Court, Calcutta, within
four weeks from date.
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 of the aforesaid
amount by the appellant within this 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/claimants 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.)
