Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Manisha Singha & Ors on 22 August, 2023
22.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.61 APPELLATE SIDE
KB ,,
F.M.A.T.(MV)484 of 2023
with
IA No. CAN 1 of 2023
with
IA No. CAN 2 of 2023
National Insurance Co. Ltd.
Vs.
Manisha Singha & Ors.
,,
Mr. Deb Narayan Ray
... for the appellant-Insurance Co.
Perused the Report of the Additional Stamp
Reporter dated 18th August, 2023. It is reported that the
Memorandum of Appeal needs to be classified in words at
its head.
Learned Advocate for the appellant-Insurance
Company is directed to remove such defect.
In Re: CAN 2 of 2023
This is an application for condonation of delay
under Section 5 of the Limitation Act.
Mr. Deb Narayan Ray, learned advocate for the
appellant-insurance company submits that there is delay
of 19 days in preferring the appeal.
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 1 of 2023
This is an application for stay of operation of
impugned judgment and award dated 24th March, 2023
passed by the learned Additional District Judge cum
Judge, Motor Accident Claims Tribunal, Fast Track Court,
Suri Birbhum, in MAC case 76 of 2022 under Section
166 of the Motor Vehicles Act, 1988.
By order dated 24th March, 2023, the learned
Tribunal granted compensation of Rs.46,73,872/-
together with interest in favour of the claimants under
Section 166 of the Motor Vehicles Act, 1988.
Mr. Ray, 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 14th August, 2023 no
caveat has been lodged.
The office report dated 16.08.2023 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.1371 dated 02.08.2023.
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.)
