Calcutta High Court (Appellete Side)
Shriram General Insurance ... vs Smt. Amita Mandal & Ors on 10 April, 2023
10.04.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.477
ss F.M.A.T. 229 of 2019
CAN 1 of 2019 (old No. CAN 4598 of 2019)
CAN 2 of 2019 (old No. CAN 4599 of 2019)
Shriram General Insurance Company Ltd.
Versus
Smt. Amita Mandal & ors.
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Re : CAN 1 of 2019 (old No. CAN 4598 of 2019)
This is an application for condonation of delay in
preferring the instant appeal.
Mr. Rajesh Singh, learned Advocate for the
appellant-Insurance Company submits that for taking
necessary legal steps there has been delay of 119 days in
preferring the appeal.
The appellant-Insurance Company is directed to
serve copy of this application upon the respondents and
file affidavit of service on the returnable date.
Re : CAN 2 of 2019 (old No. CAN 4599 of 2019)
This is an application for stay of operation of the
impugned judgment and award dated 31st July, 2018
passed by the learned Additional District Judge-cum
Judge, Motor Accident Claims Tribunal, Fast Track 3rd
Court, Midnapore, Paschim Medinipur in M.A.C. Case
No.259 of 2013 under Section 166 of the Motor Vehicles
Act, 1988.
By such order dated 31st July, 2018, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs.37,95,840/- together with interest under
Section 166 of the Motor Vehicles Act.
Mr. Rajesh Singh, learned Advocate for the
appellant-Insurance Company submits that the Insurance
Company has already deposited the statutory amount of
Rs.25,000/- vide Challan No.373 dated 10.06.2019 with
the learned Registrar General of this Court and is ready
and willing to deposit the entire awarded sum together
with interest less statutory deposit within such time as
would be directed by this Court. On such count, he prays
for stay of operation of the impugned judgement and
award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 24th April, 2019 shows that no
caveat has been lodged.
The photocopy of challan being No.373 dated
10.06.2019 (original to be produced at the time of hearing)
shows the deposit of statutory amount of Rs.25,000/- in
terms of Section 173 of the Motor Vehicles Act with the
Registry of this Court.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest less statutory amount,
there shall be stay of operation of the impugned judgment
and award passed by the learned Tribunal for a period of
four weeks. The appellant-Insurance Company is directed
to deposit the entire awarded sum together with interest
less statutory amount before the learned Registrar
General, High Court, Calcutta within a period of four
weeks from date.
In the event the appellant-Insurance Company
makes deposit of the aforesaid amount, the order of stay
shall continue till the disposal of this application. In
default to make deposit of the aforesaid amount, the order
of stay shall stand automatically vacated without
reference to this Court.
Learned Registrar General of this Court shall ensure
that the amount to be deposited by the appellant-
Insurance Company be invested in a short-term auto
renewable scheme of any nationalised bank, until further
orders.
The appellant-Insurance Company is directed to
serve copy of this application upon the respondents and
file affidavit of service on the returnable date.
Let the matter appear on 12th May, 2023 under the
heading 'Application'.
< (Bivas Pattanayak, J.)
