Calcutta High Court (Appellete Side)
National Insurance Company ... vs Ritwika Chaudhuri & Anr on 14 August, 2023
14.08.2023
sayandeep
Sl. No. 157
Ct. No. 654
FMAT(MV) 54 of 2022
With
CAN 01 of 2022
CAN 2 of 2023
National Insurance Company Limited
Versus-
Ritwika Chaudhuri & Anr.
Mr. Afroze Alam
......for the appellant
In Re: CAN 2 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 is
delay of 60 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.
In Re: CAN 01 of 2022
This is an application for stay of operation of the
impugned judgment and award dated 20th December,
2021 passed by learned Judge, Motor Accident Claims
Tribunal, IX Bench, City Civil Court, Calcutta, in MAC
Case No. 247 of 2017 under Section 166 of the Motor
Vehicles Act.
By the order dated 20th December, 2021, the
learned Tribunal granted compensation of
Rs.5,00,917/- together with interest in favour of the
claimants under Section 166 of the Motor Vehicles Act.
Mr. Alam, learned advocate for the appellant-
insurance company submits that the insurance
Company has already deposited the statutory amount
and is ready and willing to deposit the entire awarded
sum together with interest less statutory deposit before
the learned Registrar General, High Court, Calcutta
within such period as would be directed by this Court.
On such count, he prays for stay of operation of
impugned Judgment and award.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 25th March, 2022, no
caveat has been lodged.
The office report dated 3rd March, 2022 shows
deposit of statutory amount of Rs. 25,000/- before the
registry of this Court in terms of Section 173 of the
Motor Vehicles Act vide OD challan No. 2167 dated 24th
February, 2022.
In view of readiness and willingness on the part of
the appellant-insurance company to deposit entire
awarded sum together with interest less statutory
deposit, there shall be stay of the impugned judgment
an award for a period of four weeks. The appellant-
insurance company is directed to deposit the entire
awarded sum together with interest less statutory
deposit 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 the aforesaid amount the stay shall
continue till the disposal of this application. In default
to make deposit of the aforesaid amount the stay shall
stand automatically vacated without reference to this
Court.
Learned Registrar General shall ensure that the
amount to be deposited by the appellant-Insurance
Company be invested in the short term auto renewable
scheme of any nationalized bank until further orders.
The appellant-insurance company is directed to
serve a copy of the application upon respondents and
file affidavit-of-service on the returnable date.
Let the matter appear on 15th September, 2023
under the heading "Application".
(Bivas Pattanayak, J.)
