Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Sandhya Rani Mondal & Ors on 20 September, 2022
20.09.2022
SL No. 23
Court No. 654
Ali
F.M.A. 1185 of 2021
IA No: CAN 1/2022
National Insurance Co. Ltd.
versus
Sandhya Rani Mondal & Ors.
Mr. Rajesh Singh
......for the appellant
As per report of Additional Stamp Reporter dated
19.08.2021 the appeal is filed within time.
Accordingly the appeal is admitted and registered.
CAN 1 of 2022
This is an application for stay of operation of
impugned judgement and award dated 16.01.2020
passed by learned Additional District Judge, Fast
Track, 4th Court, Alipore in M.A.C. Case No. 67 of 2016
under Section 166 of the Motor Vehicles Act, 1988.
No Caveat has been lodged as per report of
Computer Section, High Court, Appellate Side,
Calcutta.
By Judgement and order dated 16.01.2020 the
learned Tribunal allowed the application in favour of
the claimants to the tune of Rs. 12,31,600/- alongwith
interest @ 6% per annum from the date of filing of the
claim application till the date of 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.
He further submits that the appellant is ready and
willing to deposit the entire awarded sum alongwith
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interest less statutory deposit with the learned
Registrar General, High Court, Calcutta and he prays
for stay of operation of the impugned judgement and
award. He files photo copy of Challan.
It appears from the report of the SR Section that
an amount of Rs 25,000/- has been deposited with the
learned Registrar, General, High Court, Calcutta vide
OD Chalan No 3623 dated 24.02.2021. The photo copy
of the Challan shows deposit of the aforesaid amount.
As the appellant-Insurance Company has already
deposited Rs. 25,000/- towards statutory deposit and
is ready and willing to deposit the entire awarded sum
alongwith interest less statutory deposit there shall be
stay of operation of impugned judgment and award
dated 16.01.2020 till one week after the ensuing Puja
Vacation.
The appellant-Insurance Company 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 one week after
the ensuing Puja Vacation.
In the event, if the appellant-Insurance Company
deposit 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 amount money to be
deposited by the appellant be invested in a short term
auto-renewable account of any nationalized bank until
further orders.
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The appellant-Insurance Company is directed to
serve copy of the application upon the respondents
and file affidavit of service on the returnable date.
Let the matter appear two weeks after the ensuing
Puja Vacation.
(Bivas Pattanayak J.)
