Calcutta High Court (Appellete Side)
The New India Assurance Co. Ltd vs Jayanti Baishanab & Ors on 17 April, 2023
17.04.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.570
ss ,,
F.M.A.T.(MV) 133 of 2023
CAN 1 of 2023
CAN 2 of 2023
,
The New India Assurance Co. Ltd.
Vs.
Jayanti Baishanab & ors.
,,
Mr. Rajesh Singh
Mr. Rajdeep Bhattacharya
... for the appellant-Insurance Co.
Re : CAN 2 of 2023
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 there is
nominal delay of 21 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 1 of 2023
This is an application for stay of operation of the
impugned judgment and award dated 28th November,
2022 passed by the learned Additional District Judge-cum
Judge, Motor Accident Claims Tribunal, Fast Track, 7th
Court, Alipore, South 24-Parganas in M.A.C. Case No.67
of 2021 under Section 166 of the Motor Vehicles Act,
1988.
By such order dated 28th November, 2022 the
learned Tribunal granted compensation in favour of the
claimants to the tune of Rs.9,02,800/- 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/- 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 March, 2023 shows that
no caveat has been lodged.
The office report dated 18th March, 2023 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 vide OD Challan No.4056 dated 14.03.2023.
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 19th May, 2023 under the
heading 'Application'.
< (Bivas Pattanayak, J.)
