Calcutta High Court (Appellete Side)
National Insurance Company ... vs Smt. Sinku Devi & Ors on 9 February, 2023
09.02.2023 IN THE HIGH COURT AT CALCUTTA
(sanjay)
Ct no. 654
CIVIL APPELLATE JURISDICTION
Sl. 17 APPELLATE SIDE
FMAT (MV) 93 of 2023
National Insurance Company Limited
Vs.
Smt. Sinku Devi & Ors.
Ms. Sucharita Paul ...for the appellant.
CAN 01 of 2023 (Sec.5)
This is an application for condonation of delay in
preferring the appeal.
Ms. Sucharita Paul, learned advocate for the
appellant/insurance company submits that there has
been nominal delay of 30 days in preferring the appeal.
The appellant/insurance company is directed to
serve copy of this application upon the respondents and
file affidavit of service on the returnable date.
CAN 02 of 2023 (Stay)
This is an application for stay of operation of
impugned judgment and award dated 26.09.2022 passed
by the learned Additional District Judge -cum- Judge,
Motor Accident Claims Tribunal, 1st Court, Hooghly at
Chinsurah in M.A.C. Case No. 161 of 2015 under Section
163A of the Motor Vehicles Act.
By order dated 26.09.2022 the learned Tribunal
granted compensation of Rs.4,58,300/- together with
interest in favour of the claimants.
Ms. Pal, learned advocate for the appellant/
insurance company submits that the insurance company
has already deposited the statutory amount of
Rs.25,000/- and is ready and willing to deposit the entire
awarded sum together with interest at the rate of 6 per
cent per annum less statutory deposit before the learned
Registrar General, High Court, Calcutta within such
period as would be directed by this Court. She further
submits the execution proceeding has also been initiated
by the claimants. On such count she prays for stay of
operation of impugned judgment and award.
As per the report of the Computer Section,
Appellate Side, High Court, Calcutta dated 08.02.2023,
no caveat has been lodged. The report of the office shows
statutory deposit of Rs.25,000/- in terms of Section 173
of the Motor Vehicles Act has been deposited with the
Registry of this Court vide Challan No. 3686 dated
02.02.2023.
In view of the readiness and willingness on the part
of the appellant/insurance company to deposit the entire
awarded sum together with the interest at the rate of 6
per cent per annum from the date of filing of the claim
application till the date of deposit less statutory deposit,
there shall be stay of operation of the impugned judgment
and award for a period of four weeks.
The appellant/insurance company is directed to
deposit the awarded sum together with interest at the rate
of 6 per cent per annum 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 stay
shall continue till the disposal of this application. In
default to make such deposit, as aforesaid, the stay shall
stand automatically vacated without reference to this
Court.
The learned Registrar General, High Court, Calcutta
shall ensure that the amount to be deposited by the
insurance company be invested in a short-term auto
renewable scheme in 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 in the list on March 10, 2023
under the heading "Application."
(Bivas Pattanayak, J.)
