Calcutta High Court (Appellete Side)
National Insurance Co.Ltd vs Soma Dutta & Ors on 19 July, 2023
19.07.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.96 APPELLATE SIDE
KB ,,
F.M.A.T.(MV)765 of 2018
(CAN 1 of 2018)(Old No. CAN 6276/2018)
(CAN 2 of 2019)(Old No. CAN 3787/2019)
,
National Insurance Co.Ltd.
Vs.
Soma Dutta & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: CAN 2 of 2019(Old No.CAN 3787/2019)
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that there is
nominal delay of 3 days in preferring the appeal.
Appellant-insurance company is directed to serve a
copy of the application upon the respondents and file
affidavit of service on the returnable date.
In Re: CAN 1 of 2018(Old No.CAN 6276 of 2018)
This is an application for stay of operation of the
judgment and award dated 5th May, 2018 passed by the
learned Judge, Motor Accident Claims Tribunal, Fast
Track Court, Birbhum in MAC case 25 of 2016 under
Section 166 of the Motor Vehicles Act, 1988.
By order dated 5th May, 2018,the learned Tribunal
granted compensation of Rs.31,06,000/- together with
interest in favour of the claimants and directed the
appellant/Insurance Co. and Respondent No.5/Bharti
Axa General Insurance Co. Ltd. to pay compensation
amount in equal shares.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company, submits that the learned
Tribunal has directed the appellant-insurance company
and respondent no.5, Bharti Axa General Insurance
Company Limited, to pay the compensation amount in
equal proportion. He further submits that the appellant-
insurance company has already deposited the statutory
amount and is ready and willing to deposit 50% of the
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 account, he prays for stay of operation of
the impugned judgment and award to the extent of 50%
of the awarded sum which is directed to be paid by the
appellant-insurance company in terms of the order of the
learned Tribunal.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 17.08.2018, no caveat
has been lodged.
The office report dated 29.08.2018 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.2737 dated 31.01.2019.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the 50% of
the awarded sum together with interest less statutory
amount, there shall be stay of operation of the impugned
judgment and award of the learned Tribunal to the extent
of 50% of the awarded sum for a period of four weeks. The
appellant-Insurance Company is directed to deposit the
50% of the 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.)
