Calcutta High Court (Appellete Side)
United India Insurance Co. Ltd vs Supriya Singha Roy & Ors on 11 January, 2023
11.01.2023
sayandeep
Sl. No. 16
Ct. No. 654
FMAT 56 of 2021
With
IA NO:CAN/1/2021, CAN/2/2022
United India Insurance Co. Ltd.
-Versus-
Supriya Singha Roy & Ors.
Ms. Sucharita Paul
.....for the appellant-Ins. Co.
Mr. Subhankar Mondal
..for the respondents-claimants
In Re: CAN 2 of 2022
This is an application for condonation of delay.
Mrs. Sucharita Paul, learned advocate for
appellant- Insurance Company submits that there has
been delay of 77 days in preferring the appeal.
Mr. Subhakar Mondal, learned advocate appears
for respondent Nos. 1 to 3 (claimants).
Appeallant-insurance company is directed to
serve copy of this application upon respondent No. 4-
owner of the offending vehicle and file affidavit-of-
service on the returnable date.
In Re:CAN 1 of 2021
This is an application for stay of operation of
impugned Judgment and award dated 30th September,
2019 passed by learned Additional District Judge cum
Judge, Motor Accident claims Tribunal, Barasat, 24
Parganas (North) in MAC case No. 45 of 2010.
By an order dated 30th September, 2019, the
learned Tribunal granted compensation in favour of the
claimants to the tune of Rs. 4,60,000/- along with
interest.
Mrs. Sucharita Paul, learned advocate for
appellant Insurance Company submits that the
Insurance Company has already deposited an amount
of Rs. 25,000/- towards statutory deposit with the
registry of this Court and is ready and willing to
deposit the entire awarded sum together with interest
less statutory deposit within such period as would be
directed by this Court. On such count she prays for
stay of operation the impugned Judgment and award.
She files photo copy of the chalan being No. 3770 dated
2.3.2021.
Mr. Subhankar Mondal, learned advocate appears
for respondent No. 1 to 4 (claimants).
As per report of the Computer Section dated
2.2.2021 no caveat has been lodged.
The report of the office dated 16.6.2022 shows
deposit of an amount of Rs.25,000/- as statutory
deposit under Section 173 (1) of the Motor vehicles Act,
1988 with the Registry of this Court vide chalan being
No. 3770 dated 2.3.2021.
In view of the readiness and willingness on the
part of the appellant-insurance Company to deposit the
entire awarded sum along with interest less statutory
deposit, there shall be stay of operation of impugned
Judgment and award for a period of four weeks.
Appellant insurance Company is directed to deposit the
entire awarded sum along with interest less statutory
deposit 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 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
appellant Insurance Company be invested in short term
auto renewal scheme of any nationalized Bank until
further orders.
Appellant-insurance Company is directed to serve
copy of the application upon respondent No. 4-owner of
the offending vehicle and file affidavit-of-service on the
next date fixed.
Let the matter appear on 13th February, 2023.
In Re: FMAT 56 of 2021
Mr. Subhankar Mondal, learned advocate for
respondents-claimants submits that the respondents
have filed cross objection being COT 90 of 2022 which
requires to be listed.
Department is directed to tag cross-objection
being COT 90 of 2022 in the case file since the same is
unavailable along with report as to whether cross
objection is filed within a period of limitation or not.
List COT 90 of 2022 on the next date fixed.
(Bivas Pattanayak, J.)
