Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Paramita Naskar & Ors on 7 December, 2023
07.12.2023 IN THE HIGH COURT AT CALCUTTA
Ct. No.551 CIVIL APPELLATE JURISDICTION
Sl. No.24 APPELLATE SIDE
NAREN
D.R. (CT) ,,
FMAT (MV) 127 OF 2023
National Insurance Co. Ltd.
Vs.
Paramita Naskar & Ors.
Mr. Rajesh Singh
... For the appellant.
Mr. Saswata Bhattacharyya
... For the respondent nos.1 to 4.
Re: CAN 2 of 2023
The instant appeal has been preferred
against the judgment and award dated 14 th September,
2022 passed by the Learned Judge, Motor Accident
Claims Tribunal, Alipore, South 24 Parganas in M.A.C.C.
Case No.29 of 2013 under Section 166 of the Motor
Vehicles Act, 1988.
This is an application for condonation of
delay. The respondent / claimant has already made its
appearance. The report of the Stamp Reporter suggests
that there are 73 days' delay in preferring the instant
appeal.
Heard the learned Advocate for the appellant.
Perused the grounds mentioned in the body of the
application being CAN 2 of 2023.
Considering the submissions of the learned
Advocate for the appellant and on perusing the grounds,
it appears to me that the grounds are sufficient.
Accordingly, the delay in preferring the instant appeal is
hereby condoned. The appeal be formally admitted and
register the same.
Accordingly, the CAN 2 of 2023 is disposed
of.
Re: CAN 1 of 2023
This is an application for stay of operation of
the impugned judgment and award passed by the learned
Tribunal.
It appears from the report of the Accounts
Section that no statutory deposit has been made by the
insurance company. Mr. Rajesh Singh, learned Advocate
appearing on behalf of the insurance company submitted
that the insurance company has already made the
statutory deposit vide O.D. Challan No.2124 dated 12 th
October, 2023 amounting to Rs.25,000/-. The original
O.D. Challan is placed before this Hon'ble Court. Let a
photocopy of the original challan be kept with the record.
Learned Advocate for the insurance company
submits that the award passed by the Learned Tribunal is
under challenge in this appeal. If the award be executed
before the Learned Tribunal, the sole purpose of the
appeal would be frustrated. So, he prayed for an order of
stay. The insurance company further undertakes to
deposit the entire awarded sum (principal amount) less
the statutory deposit for the purpose of interest of the
appeal.
Considering the submissions of the learned
Advocate appearing on behalf of the insurance company
and considering the fact that the insurance company has
already deposited the statutory deposit and ready to
deposit the entire awarded sum (principal amount), there
shall be an order of stay of operation of the impugned
award dated 14th September, 2022 till 16th January, 2024.
The insurance company is directed to deposit
the entire awarded sum (principal amount) less the
statutory deposit within the said period. On such deposit
being made by the insurance company, the interim order
of stay passed by this Court shall be extended till the
disposal of the instant application, failing which the
interim order of stay shall be vacated automatically.
After such deposit being made, the office of
the learned Registrar General, High Court, Calcutta shall
invest the same according to the prevalent rules.
The instant appeal has already been
admitted. Learned Advocate for the appellant submits
that a single point is involved in this appeal, so the same
may be disposed of on perusing the certified copy of the
award itself.
Considering the submissions, calling for the
LCR from the office of the Learned Tribunal is dispensed
with for the time being.
The respondent nos.1 to 4 has already made
their appearance through the learned Advocate, Mr.
Saswata Bhattacharya. The respondent no.5 is the owner
of the offending vehicle, who did not contest the matter
before the learned Tribunal. Accordingly, the notices of
appeal upon all the respondents are dispensed with.
Let the matter appear in the list under the
heading "Application" on 25th January, 2024.
(Subhendu Samanta, J.)
