Calcutta High Court (Appellete Side)
Future General India Insurance Co ... vs Sikha Bera on 3 January, 2023
03.01.2023
sayandeep
Sl. No. 35
Ct. No. 654
FMAT 572 of 2020
With
IA NO: CAN/1/2021, CAN/2/2022
Future General India Insurance Co Ltd.
-Versus-
Sikha Bera
Mr. Rajesh Singh
.....for the appellant-Insurance Company
In Re: CAN 2 of 2022
This is an application for condonation of delay.
Mr. Rajesh Singh, learned advocate appearing for
the appellant-Insurance Company submits that there
has been delay of 176 days in filing 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.
In re: CAN 1 of 2021
This is an application for stay of operation of
impugned Judgment and award dated 31 st July, 2019
passed by the learned Additional District Judge, Fast
Track , 1st Court, Hooghly (Sadar) in MAC case No. 243
of 2015 under Section 166 of the Motor Vehicle Act,
1988.
By an order dated 31 st July, 2019, the learned
Tribunal granted compensation in favour of the
claimants to the tune of Rs. 9,25,927 under Section 166
of the Motor Vehicles Act.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that the
Insurance Company has already deposited 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 annum from the date of filing of the
claim application till deposit less statutory deposit
before the learned Registrar General, High Court,
Calcutta. On such count, he prays for stay of operation
of impugned Judgment and award.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 03.03.2021 no caveat
has been lodged.
The report of S.R. Section shows deposit of
statutory amount of Rs. 25,000/- in terms of Section
173(1) of the Motor Vehicles Act with the Registry of this
Court vide OD challan No. 3904 dated 19.03.2021.
In view of readiness and willingness on the part of
the appellant-insurance company to deposit the entire
awarded sum together with interest at the rate of 6%
per annum from the date of filing till deposit as
indicated above less statutory deposit, there shall be
stay of impugned Judgment and award for a period of
four weeks. The appellant-insurance company is
directed to deposit the entire awarded sum along with
interest as indicated above before the learned Registrar
General, High Court, Calcutta within a period of four
weeks. In the event, the insurance company makes
deposit 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 to this Court.
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 of 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 next date fixed.
Let the matter appear after four weeks under the
heading "Application".
(Bivas Pattanayak, J.)
