The New Indian Assurance Co. Ltd vs Paritosh Jana & Ors
2023 Latest Caselaw 4323 Cal

19.07.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. No.216                         APPELLATE SIDE
     KB                                  ,,




                                    F.M.A.T.(MV)245 of 2023
                                            with
                                     IA No. CAN 1 of 2023
                                            with
                                     IA No. CAN 2 of 2023
              ,




                                The New Indian Assurance Co. Ltd.
                                            Vs.
                                     Paritosh Jana & Ors.
              ,,




                    Mr. Rajdeep Bhattacharya
                               ... for the appellant-Insurance Co.


                                 In Re: CAN 2 of 2023

                     This is an application for condonation of delay in

              preferring the appeal.

                    Mr. Rajdeep Bhattacharya, learned advocate for the

              appellant-insurance company submits that there is delay

              of 50 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 1 of 2023

This is an application for stay of operation of the

judgment and award dated 31st January, 2023 passed by

the learned Additional District Judge-cum-Judge, Motor

Accident Claims Tribunal, Fast Track, 1st Court, Tamluk,

Purba Medinipur in MAC case No. 477 of 2018 under

Section 163A of the Motor Vehicles Act, 1988.

By order dated 31st January, 2023, the learned

Tribunal granted compensation of Rs.5,00,000/- together

with interest in favour of the claimants under Section

163A of the Motor Vehicles Act.

Mr. Rajdeep Bhattacharya, 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 6th June,2023 no caveat

has been lodged.

The office report dated 12.06.2023 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.630 dated 06.06.2023.

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 21st August, 2023 under

the heading "Application".

               <                   (Bivas Pattanayak, J.)