Calcutta High Court (Appellete Side)
National Insurance Company ... vs Sekh Gaffar & Ors on 23 August, 2023
23.08.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 59
ab ,,
FMAT (MV) 77 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023
,
National Insurance Company Limited
Vs.
Sekh Gaffar & Ors.
,,
Mr. Rajesh Singh
... for the appellant-insurance company
Re: CAN 2 of 2023 (Section 5)
This is an application for condonation of delay in
preferring the present appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that there has
been delay of 8 days in preferring the appeal.
The appellant-insurance company is directed to
serve copy of the application for condonation of delay
upon the respondents and file affidavit of service on the
returnable date.
Re : CAN 1 of 2023 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 23rd November,
2022 passed by learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, 4th Court,
Birbhum at Suri in MAC Case No. 211 of 2016 under
Section 166 of the Motor Vehicles Act, 1988.
By such order dated 23rd November, 2022, the
learned Tribunal granted compensation to the tune of Rs.
4,78,000/- together with interest in favour of the
claimants under Section 166 of the Motor Vehicles Act.
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 learned
Registrar General, High Court, Calcutta within such time
as would be directed by this Court. On such count, he
prays for stay of operation of the impugned judgment and
award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 3rd March, 2023 shows that no
caveat has been lodged.
The office report dated 6th February, 2023 shows
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.3622 dated 30.01.2023.
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 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 nationalized 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 26th September, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
