National Insurance Company ... vs Gouri Maiti & Ors
2023 Latest Caselaw 4324 Cal

19.07.2023                IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                CIVIL APPELLATE JURISDICTION
 D/L 89
    ab                                 ,,




                                 FMAT (MV) 250 of 2023
                                        With
                                    CAN 1 of 2023
                                        With
                                    CAN 2 of 2023
                    ,




                        National Insurance Company Limited
                                         Vs.
                                  Gouri Maiti & Ors.
              ,,




              Mr. Saibalendu Bhowmik
                               ... for the appellant-insurance company

              Mr. Amit Ranjan Roy
                            ... for the respondent nos. 1 to 3-claimants

Re: CAN 2 of 2023 (Section 5)

This is an application for condonation of delay in

preferring the present appeal.

Mr. Saibalendu Bhowmik, learned advocate for the

appellant-insurance company submits that there has

been delay of 49 days in preferring the appeal.

The appellant-insurance company is directed to

serve copy of the application for condonation of delay

upon the respondents and file affidavit of service on the

returnable date.

Re : CAN 1 of 2023

This is an application for stay of operation of the

impugned judgment and award dated 30th November,

2022 passed by the learned Judge, Motor Accident Claims

Tribunal, 3rd Court, Tamluk, Purba Medinipur in MAC

Case No. 54 of 2015 under Section 166 of the Motor

Vehicles Act, 1988.

By such order dated 30th November, 2022, the

learned Tribunal granted compensation in favour of the

claimants to the tune of Rs. 7,70,000/- together with

interest under Section 166 of the Motor Vehicles Act.

Mr. Saibalendu Bhowmik, 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 learned

Registrar General, High Court, Calcutta within such time

as would be directed by this Court. On such count, he

prays for stay of operation of the impugned judgment and

award.

Mr. Amit Ranjan Roy, learned advocate appears for

the respondent nos. 1 to 3-claimants. He submits that the

claimants have also preferred an appeal being FMAT (MV)

190 of 2023, which needs to be listed along with this

appeal.

The report of the Computer Section, Appellate Side,

High Court, Calcutta dated 18th July, 2023 shows that no

caveat has been lodged.

The office report dated 12th June, 2023 shows

deposit of statutory amount of Rs. 25,000/- in terms of

Section 173 of the Motor Vehicles Act with the Registry of

this Court vide OD Challan No.658 dated 08.06.2023.

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 passed by 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 copy of this application upon the respondents and

file affidavit of service on the returnable date.

List FMAT (MV) 190 of 2023 along with this appeal.

Let the matter appear on 21st August, 2023 under

the heading 'Application'.

                 <               (Bivas Pattanayak, J.)