Oriental Insurance Co.Ltd vs Rina Marandi & Ors
2023 Latest Caselaw 4187 Cal

13.07.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. Nos.81                         APPELLATE SIDE
     sn                                  ,,




                                   F.M.A.T.(MV)263 of 2023
                                (CAN 1 of 2023)(CAN 2 of 2023)
              ,




                                Oriental Insurance Co.Ltd.
                                            Vs.
                                   Rina Marandi & Ors.
              ,,




                    Mr. Sanjay Paul
                                ... for the appellant-Insurance Co.


                                 In Re: CAN 1 of 2023

                     This is an application for condonation of delay in

              preferring the appeal.

                    Mr. Sanjay Paul, learned advocate for the appellant-

              insurance company submits that there has been delay of

              28 days in preferring the appeal.

                    Appellant-insurance company is directed to serve a

              copy of the application upon the respondents-claimants

and file affidavit of service on the returnable date.

In Re: CAN 2 of 2023

This is an application for stay of operation of the

judgment and award dated 17th December, 2022 passed

by the learned Additional District Judge-cum-Judge,

Motor Accident Claims Tribunal, 1st Court, Asansol in

MAC case 15 of 2016 (Old No. 109 of 2015) under Section

166 of the Motor Vehicles Act, 1988.

By an order dated 17th December, 2022, the

learned Tribunal granted compensation of Rs.69,63,848/-

together with interest in favour of the claimants under

Section 166 of the Motor Vehicles Act, 1988.

Mr. Sanjay Paul, learned advocate for the

appellant-insurance company submits that the Insurance

Company has already deposited the statutory amount

and is ready and willing to deposit the entire awarded

sum together 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 the Computer Section, Appellate

Side, High Court, Calcutta dated 16.06.2023, no caveat

has been lodged.

The office report dated 03.07.2023 shows that the

insurance company has deposited the statutory amount

of Rs.25,000/- with the registry of this Court in terms of

Section 173 of the Motor Vehicles Act vide OD challan

no.785 dated 16.06.2023.

In view of readiness and willingness on the part of

the appellant-Insurance Company to deposit the entire

awarded sum together with interest less statutory amount,

there shall be stay of operation of the impugned judgment

and award of the learned Tribunal for a period of four

weeks. The appellant-Insurance Company is directed to

deposit the entire awarded sum together with interest less

statutory amount 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 order of stay

shall continue till the disposal of this application. In

default to make deposit of the aforesaid amount, the order

of stay shall stand automatically vacated without

reference to this Court.

Learned Registrar General of this Court shall ensure

that the amount to be deposited by the appellant-

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

a copy of this application upon the respondents and file

affidavit of service on the returnable date.

Let the matter appear on 17th August, 2023 under

the heading "Application".

               <                   (Bivas Pattanayak, J.)