The Oriental Insurance Company ... vs Rina Singh & Ors
2023 Latest Caselaw 1793 Cal

17.03.2023               IN THE HIGH COURT AT CALCUTTA
Item No.161                 CIVIL APPELLATE JURISDICTION
Ct. No.654                        APPELLATE SIDE
 AKG

                            F.M.A.T. (MV) 395 of 2022
                        IA NO: CAN/1/2022 & CAN 2/2023

                      The Oriental Insurance Company Limited
                                         Vs.
                                 Rina Singh & ors.


                  Mr. Rajesh Singh,
                  Ms. Sucharita Paul
                                    ...for the appellant/Insurance
                                                   Company

                  In Re: CAN 2 of 2023

                  This is an application for condonation of delay.

                  Mr. Rajesh Singh, learned advocate appearing for

              the appellant-Insurance Company submits that there

              has been delay of 59 days in preferring the appeal.

                  The appellant-Insurance Company is directed to

              serve copy of this application upon the respondents

and file affidavit of service on the returnable date.

In Re: CAN/1/2022

This is an application for stay of operation of

impugned judgment and award dated 29 th June, 2022,

passed by learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Fast Track ,

2nd Court, Paschim Medinipur in MAC Case No. 147 of

2020 under Section 166 of the Motor Vehicles Act,

1988.

By an order dated 29th June, 2022, the learned

Tribunal granted compensation of Rs.8,89,000/-

together with interest in favour of the claimants under

Section 166 of the Motor Vehicles Act, 1988.

Mr. Rajesh Singh, learned advocate for the

appellant-Insurance Company submits that the

Insurance Company has already deposited statutory

amount and is ready to deposit the entire awarded

sum together with interest less statutory deposit before

the learned Registrar General, High Court at Calcutta

within such period as would be directed by this Court.

On such count, he prays for stay of operation of the

impugned judgement and award.

As per report of Computer Section, Appellate side,

High Court, Calcutta, dated 08.09.2022, no Caveat has

been lodged.

The report of the office dated 5 November 2022

shows deposit of Rs.25,000/- before the Registry of

this Court in terms of Section 173 of the Motor

Vehicles Act vide OD Challan no. 1919 dated

19.09.2022.

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

deposit, there shall be stay of operation of impugned

judgement and award for a period of four weeks from

date. Appellant-Insurance Company is directed to

deposit the entire awarded sum together 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 the application. In default

to make deposit of the aforesaid amount stay shall

stand automatically vacated without reference to 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 renewal scheme of any nationalized bank

until further orders.

The appellant-Insurance Company is directed to

serve copy of the application upon the respondents and

file affidavit-of-service on the returnable date.

Let the matter appear on 17th April, 2023 under

the same heading "Application".

(Bivas Pattanayak, J.)