Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Narayan Bar @ Narayan Chandra Bar & ... on 21 April, 2023
21.04.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.612
ss , F.M.A.T. 338 of 2020
CAN 1 of 2022
CAN 2 of 2022
,
The Oriental Insurance Co. Ltd.
Vs.
Narayan Bar @ Narayan Chandra Bar & ors.
,
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Re : CAN 1 of 2022
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned Advocate for the
appellant-Insurance Company submits that there has
been delay of 42 days in preferring the appeal and he
seeks for condonation of such delay.
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 2022
This is an application for stay of operation of the
impugned judgment and award dated 4th November, 2019
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, 5th Court, Howrah
in M.A.C. Case No.218 of 2013 under Section 163A of the
Motor Vehicles Act, 1988.
By such order dated 4th November, 2019 the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs.1,89,500/- together with interest under
Section 163A of the Motor Vehicles Act.
Mr. Rajesh, 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.
He files photocopy of chalan being OD Chalan No.1926
dated 01.02.2022.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 19.01.2022 shows that no
caveat has been lodged.
The photocopy of chalan being Chalan No.1926
dated 1st February, 2022 (original 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 9th June, 2023 under the
heading 'Application'.
< (Bivas Pattanayak, J.)
