Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Dulal Saha & Ors on 13 January, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
13.01.2023
SL No.16
Court No. 654
Ali
F.M.A.T. 1145 of 2019
IA No: CAN/1/2022, CAN/2/2022
National Insurance Co. Ltd.
Vs.
Dulal Saha & Ors.
Mr. Rajesh Singh
.....for the appellant-Insurance Co.
As per report of the Additional Stamp
Reporter dated 5.12.2022 the Vokalatnama filed
with Memorandum of Appeal has not been properly
accepted by learned advocate-on-record for
appellant-insurance company.
Mr Rajesh Singh, learned advocate-on-
record for appellant-insurance seeks liberty to
remove such defects.
Liberty is granted to make proper
acceptance in the Vokalatnama as noted by
Additional Stamp Reporter.
Re: CAN 1 of 2022
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 28 days in preferring the appeal.
Appellant-insurance company is directed to serve
copy of this application upon the respondents and
file affidavit of service on the returnable date.
Re: CAN 2 of 2022
This is an application for stay of operation of
impugned judgment and award dated 17th June
2019 passed by learned Judge, Motor Accident
Claims Tribunal, Bench-VI , City Civil Court,
Calcutta in M.A.C Case no. 351 of 2015 under
Section 166 of the Motor Vehicles Act, 1988.
By an order dated 17th June 2019 the
learned tribunal granted compensation in favour of
the claimant No.2 to the tune of Rs.3,54,000/-
alongwith interest under Section 166 of the Motor
Vehicles Act, 1988.
Mr Rajesh Singh, learned advocate for
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 along 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, Appellate
Side, High Court, Calcutta dated 2.2.2022 no caveat
has been lodged.
The report of the office shows that an
amount of Rs 25,000/-has been deposited in terms
of Section 173(1) of the Motor Vehicles Act with the
Registry of this Court vide OD challan no.42 dated
1.4.2022.
In view of the readiness and willingness on
the part of 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 before the learned Registrar
General, High Court, Calcutta within a period of four
weeks.
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 deposit of the
aforesaid amount the stay shall stand automatically
vacated without reference this court.
Learned Registrar General, High Court,
Calcutta shall ensure that the amount to be
deposited by the appellant-insurance company be
invested in a 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 next date fixed.
Let the matter appear on 15.2.2023 under
the heading "Applications".
(Bivas Pattanayak, J.)
