National Insurance Co. Ltd vs Kalpana Khamri
2023 Latest Caselaw 1833 Cal

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 20.03.2023
SL No.183
Court No. 654
       Ali


                            F.M.A.T. (MV) 547 of 2022
                             IA No: CAN/1/2022, CAN 2/2023

                             National Insurance Co. Ltd.
                                     Vs.
                             Kalpana Khamri

                          Ms. Sucharita Paul
                               ...for the appellant-insurance Co.
                          CAN 2 of 2023
                          This is an application for condonation of

                delay in preferring the appeal.

                       Ms Sucharita Paul, learned advocate for

                appellant-insurance company submits that there

                has been nominal delay of 8 days in preferring the

                appeal.

                       As per the report of Stamp Reporter dated

                10th February, 2023 that report as to whether the

                appeal has been filed within time could not be

                furnished for want of certified copy of the impugned

                judgment and order.

                       Ms. Paul, learned advocate for appellant-

                insurance company submits that on 2nd January

                2023 the certified copy of the impugned judgment

                and order has already been filed.

                          In view of the above, concerned department

                to furnish report as to whether the appeal is filed

                within the period of limitation or not.
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       CAN 1 of 2022

       This is an application for stay of operation of

impugned        judgment     and     award     dated       23rd

September, 2022 passed by learned Judge, Motor

Accident    Claims     Tribunal,     1st   Court,   Paschim

Medinipur in M.A.C. Case no.459 of 2013 under

Section 166 of the Motor Vehicles Act, 1988.

       By order dated 23rd September, 2022 the

learned     tribunal       granted     compensation          of

Rs.4,57,000/- in favour of the claimants to be paid

within one month failing which the award shall

carry interest @ 9% per annum from the date of

filing of the claim application till payment under

Section 166 of the Motor Vehicles Act,1988.

       Ms. Sucharita Paul, learned advocate for

appellant-insurance      company       submits      that   the

insurance    company       has   already     deposited     the

statutory amount of Rs.25,000/-and is ready and

willing to deposit the entire awarded sum together

with interest @ 6% per annum from the date of filing

of claim application less statutory deposit before the

learned Registrar General, High Court, Calcutta

within such period as would be directed by this

Court. On such count she prays for stay of operation

of impugned judgment and award.

       As per the report of the Computer Section,

Appellate Side, High Court, Calcutta dated 30th

November, 2022, no caveat has been lodged.
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        The report of the office dated 12th December,

2022     shows           deposit    of    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. 2556 dated 22.11.2022.

        In view of readiness and willingness on the

part of appellant-insurance company to deposit the

entire awarded sum together with interest @ 6% per

annum from the date of filing of claim application till

deposit less statutory deposit, there shall be stay of

operation of the impugned judgment and award for

a   period          of   four      weeks.       Appellant-insurance

company is directed to deposit the entire awarded

sum together with interest @ 6% per annum from

the date of filing of claim application till deposit less

statutory deposit before the 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   this

application. In default to make deposit of the

aforesaid amount, the 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
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invested in a short-term auto renewable scheme of

any nationalized bank until further orders.

       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 21st April, 2023

under the heading "Applications".

(Bivas Pattanayak, J.)