Calcutta High Court (Appellete Side)
National Insurance Company ... vs Anup Kumar Samanta & Anr on 8 February, 2023
08.02.23
14 Ct. No.654
Sws.M
FMAT 517 of 2022
with
IA No. CAN 1 of 2022
CAN 2of 2023
National Insurance Company Limited
Vs.
Anup Kumar Samanta & Anr.
Mr. Rajesh Singh
.....For the appellant
Affidavit-of-service filed on behalf of the
appellant is taken on record.
CAN 2 of 2023
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned advocate for
appellant/insurance company submits that there has
been delay of 52 days in preferring this appeal.
Appellant/insurance company is directed to
serve copy of the application for condonation of delay
upon respondents and file affidavit-of-service on
returnable date.
CAN 1 of 2022
This is an application for stay of operation of
impugned judgment and award dated 28 th July, 2022
passed by learned Additional District Judge cum
Judge, Motor Accident Claims Tribunal, Fast Track
Court, 4th Court, Alipore in MAC Case No. 376 of 2018
under Section 166 of the Motor Vehicles Act, 1988.
By order dated 28th July, 2022, learned Tribunal
granted compensation of Rs.73,94,211/- in favour of
claimant together with interest.
Mr. Rajesh Singh, learned advocate for the
appellant/insurance company submits that insurance
company has already deposited the statutory amount
of Rs.25,000/- and 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 Computer Section dated
2.12.2022 Caveat has been lodged by learned advocate
Shib Sundar Dutta. The letter annexed to the affidavit-
of-service shows that the advocate for Caveator did not
receive the copy of the application since the period of
Caveat has expired and his client has not contacted
him.
None appears on behalf of the Caveator.
As per report of the office, statutory amount of
Rs. 25,000/- in terms of Section 173 of the Motor
Vehicles Act has been deposited with the Registry of
this Court vide OD Challan No. 2327 dated 3.11.2022.
In view of readiness and willingness on behalf of
the insurance company to deposit the entire awarded
sum together with interest less statutory deposit, there
shall be stay of operation of the impugned judgment
and award for a period of four weeks. 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 appellant/insurance company
makes deposit of the said aforesaid amount, the stay
shall continue till the disposal of the application. In
default to make deposit of the aforesaid amount, the
stay shall stand automatically vacated without
reference to this Court.
Learned Registrar General, High Court Calcutta
shall ensure that the amount to be deposited by the
insurance company be deposited in short term auto
renewable scheme of any nationalised bank until
further orders.
Appellant/insurance company is directed to
serve copy of this application upon respondents and
file affidavit-of-service on the returnable date.
Let the matter appear on 9th March, 2023
under the heading 'Application'.
(Bivas Pattanayak, J)
