National Insurance Co. Ltd vs Smt. Mitu Paria & Ors
2023 Latest Caselaw 427 Cal

                         IN THE HIGH COURT AT CALUTTA
                            Civil Appellate Jurisdiction
 16.01.2023
SL No.35
Court No. 654
       Ali


                           F.M.A.T.(MV) 555 of 2022
                        IA No:CAN/1/2022, CAN/2/2022,

                          National Insurance Co. Ltd.
                                     Vs.
                              Smt. Mitu Paria & Ors.

                 Ms. Sucharita Paul
                            ...for the appellant-Insurance Co.

                Re: CAN 2 of 2022

                         This is an application for condonation of

                delay in preferring the appeal.

                         Mrs Sucharita Paul, learned advocate for

                appellant-insurance company submits that there

                has been delay of 24 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 1 of 2022

This is an application for stay of operation of

impugned judgment and award dated 20th July 2022

passed by learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Fast Track,

1st Court, Paschim Medinipur in M.A.C Case no. 264

of 2018 under Section 166 of the Motor Vehicles Act,

1988.

By an order dated 20th July 2022 the

learned tribunal granted compensation in favour of

the claimants to the tune of Rs.28,27,100/-

alongwith interest under Section 166 of the Motor

Vehicles Act, 1988.

Mrs Sucharita Paul, 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 she prays for stay of operation of impugned

judgment and award.

As per report of Computer Section, Appellate

Side, High Court, Calcutta dated 30.11.2022 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 of the Motor Vehicles Act with the

Registry of this Court vide OD challan no.2557

dated 22.11.2022.

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 17.2.2023 under

the heading "Applications".

(Bivas Pattanayak, J.)