United India Insurance Co. Ltd vs Priyaranjan Singha & Others
2023 Latest Caselaw 2334 Cal

05.04.2023
  rpan/24
                           FMAT (MV) 485 of 2022
                                       +
                           IA No.: CAN 1 of 2022 [Stay]
                                       +
                          IA No.: CAN 2 of 2023 [Sec. 5]
                      United India Insurance Co. Ltd.
                                    - Versus -
                       Priyaranjan Singha & Others


                          Mrs. Sucharita Paul
                                    ... for the Appellant/Insurance Co.
                          Ms. Sima Ghosh
                                   ... for the Claimants /
                                      Respondent nos.1-3.

On consent of the parties, the matter is taken up

for hearing preponing the date.

In Re.: IA No.: CAN 2 of 2023 [Sec. 5]

This application has been taken out praying for

condonation of delay in preferring the instant appeal.

Mrs. Paul, learned advocate representing the

appellant/Insurance Company submits that the present

appeal was preferred on 29th September, 2022 to assail

the judgment and award dated 22nd June, 2022. She

submits that initially, the appeal was filed without the

certified copy of the impugned judgment and award. Later

on, the certified copy of the impugned judgment and

award was filed before this Court on 2 nd February, 2023.

She contends that after obtaining the certified copy of the

judgment and/or award, the same was sent to one

learned advocate of this Hon'ble Court soliciting his legal

opinion on this issue involved in the appeal and then his

opinion along with the copies of all relevant documents

were sent to higher authority of the appellant and after

observing necessary formalities, this appeal was

preferred. Hence, there was a delay of 132 days in

preferring the appeal. She submits that delay should be

condoned in the interest of justice and the appeal should

be admitted.

Ms. Ghosh, learned advocate appearing for the

claimants/respondent nos.1-3 did not raise any objection.

Upon hearing the learned advocates and on studied

scrutiny of the pleadings and materials on record, I do not

find any materials to lead me to infer that appellant

resorted to dilatory tactics to gain some undue advantage

and explanation smacks of mala fides and I am satisfied

with the explanation given towards the delay in preferring

the appeal and hence, the delay is condoned.

The application for condonation of delay, being IA

No.: IA No.: CAN 2 of 2023, is disposed of.

Office is directed to tag the certified copy of the

impugned judgment and/or award with the memo of

appeal.

Let the appeal be admitted and registered formally.

In Re.: IA No. CAN 1 of 2022 (Stay)

This is an application for stay of operation of the

impugned award dated 22nd day of June, 2022 passed

by the learned Judge, Motor Accident Claims Tribunal,

Suri-cum-Additional District Judge, Fast Track Court,

Suri, Birbhum in M.A.C. Case No. 162 of 2016 under

Section 166 of Motor Vehicles Act, 1988 (in short, the

1988 Act).

By the impugned award, the learned Tribunal

awarded compensation of Rs.39,46,336/- along with

interest to be paid to the claimants/respondent nos.1-

3 herein by the insurance company.

Mrs. Paul, learned advocate representing the

appellant/applicant submits that in the present appeal

the appellant has raised substantial question of fact

and law which requires decision on merit and she

submits that the appellant has already deposited the

statutory amount in compliance with the legislative fiat

incorporated in S. 173 of 1988 Act and she further

submits that appellant is ready and willing to deposit

entire awarded sum less statutory deposit and she

prays for stay of operation of the judgment and award

impugned. She further submits that respondent nos.1-

3 has instituted an execution case, being Execution

Case no.4 of 2022 before the learned court below and

the next date of hearing of Execution case no. 04 of

2022 has been fixed on 25th April, 2023 and unless the

operation of the judgment and/or award is stayed, the

appellant will suffer irreparable loss and the appeal will

become infructuous.

Ms. Ghosh, learned advocate representing the

claimants/respondent nos.1-3 left the matter to the

discretion of the court.

Records reveal that the appellant has deposited

the statutory amount as per the legislative fiat and the

appellant has expressed its desire to deposit the entire

awarded amount together with interest, less the

statutory amount.

In such conspectus, appellant is directed to

deposit the entire awarded sum together with interest,

less statutory deposit within four weeks from the date

of this order before the learned Registrar General, High

Court, Calcutta.

In such consequence of facts, there shall be an

unconditional stay of operation of the impugned award

for six weeks. If in the meantime the amount awarded

by the tribunal together with interest, less security

deposit is secured with the learned Registrar General of

this Court, the ad-interim order of stay shall continue

till disposal of this application.

In case of default in payment as directed above,

the ad-interim order of stay shall automatically stand

vacated after six weeks without further reference to this

Court.

Learned Registrar General shall ensure that the

said sum is invested in a short-term fixed deposit

account of a nationalized bank and shall go on

renewing the same until further orders of this Court.

List the matter for further consideration four weeks

hence.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties, upon compliance

of all requisite formalities.

( Partha Sarathi Chatterjee, J.)