Calcutta High Court (Appellete Side)
Shriram General Insurance Co. Ltd vs Rabeda Khatun & Ors on 22 August, 2023
22.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.59
KB ,,
F.M.A.T.(MV) 441 of 2023
with
IA No. CAN 1 of 2023
with
IA No. CAN 2 of 2023
,
Shriram General Insurance Co. Ltd.
Vs.
Rabeda Khatun & Ors.
,,
Mr. Rajesh Singh
... for the appellant- insurance co
In Re: CAN 1 of 2023
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 is delay
of 54 days in preferring the appeal and he seeks for
condonation of such delay.
Appellant-insurance company is directed to serve
copy of the application upon the respondents and file
affidavit of service on the returnable date.
In Re: CAN 2 of 2023
This is an application for stay of operation of
impugned judgment and award dated 16th January, 2023
passed by the learned Judge, Motor Accident Claims
Tribunal, 1st Court, Suri, Birbhum, in MAC case 222 of
2013 under Section 166 of the Motor Vehicles Act, 1988.
By order dated 16th January, 2023 the learned
Tribunal granted compensation of Rs.51,92,656/-
together with interest in favour of the claimants under
Section 166 of the Motor Vehicles Act, 1988.
Mr. Rajesh Singh, 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 2nd August, 2023, no
caveat has been lodged.
The office report dated 09.08.2023 shows that the
insurance company has deposited statutory amount of
Rs.25,000/- with the registry of this Court in terms of
Section 173 of the Motor Vehicles Act vide OD challan
no.1379 dated 03.08.2023.
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 of 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 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 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.
Appellant-insurance company is directed to serve
copy of the application upon the respondents-claimants
and file affidavit of service on the returnable date.
Let the matter appear on 25th September, 2023
under the heading "Application".
< (Bivas Pattanayak, J.)
