National Insurance Co. Ltd vs Tapasi Majumdar & Ors
2023 Latest Caselaw 2606 Cal

17.04.2023                     IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                     CIVIL APPELLATE JURISDICTION
 Sl. Nos.579,580
     ss                  ,               F.M.A.T. 420 of 2021
                                            CAN 1 of 2021
                                            CAN 3 of 2023
                   ,




                                        National Insurance Co. Ltd.
                                                   Vs.
                                         Tapasi Majumdar & ors.
                                                 With
                                             C.O.T. 5 of 2022
                                     Tapasi Majumdar & anr.
                                               Vs.
                               National Insurance Co. Ltd. & anr.
                   ,
                   ,,




                         Mr. Afroze Alam
                                     ... for the appellant-Insurance Co.

                         Mr. Subhankar Mondal
                                        ... for the respondents-claimants

Re : CAN 3 of 2023

This is an application for condonation of delay in

preferring the appeal.

Mr. Afroze Alam, learned Advocate for the

appellant-Insurance Company submits that there has

been delay of 116 days in preferring the appeal and he

seeks for condonation of such delay.

Mr. Subhankar Mondal, learned Advocate appears

for the respondents-claimants.

The appellant-Insurance Company is directed to

serve copy of this application upon the respondent no.4,

the owner of the offending vehicle and file affidavit of

service on the returnable date.

Re : CAN 1 of 2021

This is an application for stay of operation of the

impugned judgment and award dated 24th February, 2021

passed by the learned Additional District Judge-cum

Judge, Motor Accident Claims Tribunal, 2nd Court,

Howrah in M.A.C. Case No.3019 of 2014 under Section

166 of the Motor Vehicles Act, 1988.

By such order dated 24th February, 2021 the learned

Tribunal granted compensation in favour of the claimants

to the tune of Rs.18,23,560/- together with interest under

Section 166 of the Motor Vehicles Act.

Mr. Afroze Alam, learned Advocate for the appellant-

Insurance Company submits that the Insurance Company

has already deposited the statutory amount 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.

Mr. Subhankar Mondal, learned Advocate appears on

behalf of the respondents-claimants.

The report of the Computer Section, Appellate Side,

High Court, Calcutta dated 23rd August, 2021 shows that

no caveat has been lodged.

The office report dated 11th August, 2021 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.323 dated 03.08.2021.

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.)