Reliance General Insurance Co. Ltd vs Snigdha Mondal & Anr
2023 Latest Caselaw 7746 Cal

Calcutta High Court (Appellete Side)

Reliance General Insurance Co. Ltd vs Snigdha Mondal & Anr on 13 December, 2023

                        IN THE HIGH COURT AT CALUTTA
                           Civil Appellate Jurisdiction
 13.12.2023
SL No.23
Court No. 551
   Ali


                        FMAT (MV) 607 of 2022
                                With
                  IA No.:CAN/1/2023 & CAN/2/2023

                  Reliance General Insurance Co. Ltd.
                                 Vs.
                     Snigdha Mondal & Anr.

                 Mr. Sanjay Paul,
                 Ms. Jaita Ghosh
                             ....... for the appellant/Insurance Co.

                                Ref.: CAN 1 of 2023

                        The instant appeal is preferred against the

                Judgment and Award dated 25th August, 2022

                passed by learned Judge, Motor Accident Claims

                Tribunal, Alipore, in M.A.C. Case no. 665 of 2018.

                        The report of the Additional Stamp Reporter

                suggests that there are 26 days delay in preferring

                the instant appeal.

                        The appellant is directed to serve a copy of

                the application upon the respondents and file an

affidavit of service on the returnable date.

Ref.: CAN 2 of 2023

This is an application for stay of the

operation of the impugned Award dated 25th August,

2022 passed by learned Judge, Motor Accident

Claims Tribunal, Alipore, in M.A.C. Case no. 665 of

2018.

Learned advocate for the appellant submits

that the appellant insurance company has already

deposited the statutory amount of Rs. 25,000/- vide

OD Challan No. 3149, dated 21.12.2022.

Learned advocate for the insurance company

submits that he is ready to deposit the entire

awarded sum less statutory deposit with this Court

for the interest of the appeal.

Considering the submission of the learned

advocate and considering the readiness and

willingness of the insurance company to proceed

with this matter; there shall be an interim order of

stay of the operation of the impugned award dated

25.08.2022 till 17th January, 2024. .

The insurance company is directed to

deposit the entire awarded amount less statutory

deposit with the office of the learned Registrar

General, High Court, Calcutta, within the aove

period, if such deposit is being made, the interim

order of stay passed by this Court shall be

continued till the deposal of the instant appeal;

failing which the order of stay shall be vacated

automatically.

On such deposit the office of learned

Registrar General, High Court, Calcutta shall invest

the same according to the prevalent Rules.

The insurance company is directed to serve

the copy of the application to the respondents and

file affidavit of service on the returnable date.

Let the matter appear in the list under the

heading "Application" on 25th January, 2024.

All parties shall act on the server copy of

this order duly downloaded from the official website

of this Court.

(Subhendu Samanta, J.)