Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Shankar Karmakar & Anr on 31 January, 2023
IN THE HIGH COURT AT CALUTTA
Civil Appellate Jurisdiction
31.01.2023
SL No.25
Court No. 654
Ali
F.M.A.T. (MV) 234 of 2022
IA No:CAN/1/2022, CAN/2/2023
The Oriental Insurance Co. Ltd.
Vs.
Shankar Karmakar & Anr.
Ms. Sucharita Paul
...for the appellant-Insurance Co.
Mr.Saidur Rahaman
...for the respondent no.1-claimant.
Re:CAN 2 of 2023
This is an application for condonation of
delay.
Ms. Sucharita Paul, learned advocate for
appellant-insurance company submits that there
has been delay in preferring the appeal.
Mr. Saidur Rahaman, learned advocate
appears for respondent No. 1-claimant.
As per the report of Additional Stamp
Reporter dated 03.08.2022 the report as to whether
the appeal is filed within time or not could not be
furnished since certified copy of the impugned order
was not filed.
Ms. Sucharita Paul, learned advocate for
appellant-insurance company submits that she has
already furnished the certified copy of the impugned
order on 3rd January, 2023.
Accordingly, department is directed to
furnish report as to whether the appeal is filed
within the statutory period of limitation or not by
the returnable date.
Appellant insurance company is directed to
serve copy of the application upon the respondents
and file affidavit of service on the next date fixed.
CAN 1 of 2022
This is an application for stay of operation of
impugned judgment and award dated 25.03.2022
passed by learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track
4th Court, Barasat, 24-Parganas (North) in M.A.C.
Case No. 13 of 2009 under Section 166 of the Motor
Vehicles Act, 1988.
By order dated 25th March, 2022 the learned
tribunal granted compensation in favour of the
claimant to the tune of Rs. 2,37,500/- together with
interest.
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. She files photocopy of challan
being no. 1279 dated 20.07.2022.
Mr. Saidur Rahaman, learned advocate
appears for respondent No. 1-claimant.
As per report of Computer Section, Appellate
Side, High Court, Calcutta dated 14.07.2022 no
caveat has been lodged.
The office report shows deposit of statutory
amount of Rs. 25,000/- with the Registry of this
Court vide OD Challan No. 1279 dated 20.07.2022.
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 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 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 returnable date.
Let the matter appear on 02.03.2023 under
the heading "Applications".
(Bivas Pattanayak, J.)
